The UK Supreme Court has ruled that the legal definition of a woman should be based on biological sex, and that the legal concept of sex is binary. We asked commentators how this could impact HR.

During the Supreme Court hearing yesterday (16 April), Judge Lord Hodge stressed that the law still protects against discrimination to transgender people, and that the ruling should not be seen as "a triumph of one or two groups in our society at the expense of another".

The Supreme Court was asked to decide on how to interpret the 2010 Equality Act. Lord Hodge described the question as one that concerns how the words 'woman' and 'sex' are defined when applied within the legislation.

"It is not the role of the court to adjudicate on the arguments in the public domain on the meaning of gender or sex, nor is it to define the meaning of the word 'women' other than when it is used in the provisions of the EA 2010," Hodge said.

"The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”

In light of the ruling's high-profile coverage, employers should continue to support transgender employees, emphasised Tracey Burke, senior HR consultant for the HR and employment law consultancy WorkNest.

Burke told HR magazine: “HR leaders and employers must remain vigilant in supporting transgender employees by having a zero-tolerance approach to bullying or harassment, and ensuring inclusion isn’t compromised.

“Once...

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