The legal landscape for sex, gender reassignment and single sex spaces is evolving and complex. The Supreme Court clarification and emerging case law require careful navigation. This update summarises the current position and key considerations for employers/organisations pending further statutory guidance.
In April 2025, the UK Supreme Court delivered its judgment in For Women Scotland Ltd v The Scottish Ministers, clarifying that under the Equality Act 2010:
The terms “sex”, “woman” and “man” refer to biological sex, not gender identity as acquired or recognised through a Gender Recognition Certificate (GRC).
The clarification has significant implications for how some organisations provide and manage single-sex services and spaces (e.g. toilets, changing facilities and other sex-separated services). The judgment did not remove, or in any way dilute, legal protection for individuals under the protected characteristic of gender reassignment.
The EHRC plays the key role in providing guidance for organisations around the Equality Act to ensure the law is followed, however the lack of updated statutory guidance does not remove any overarching legal obligations that organisations have, either under the Equality Act or Workplace (Health, Safety and Welfare) Regulations 1992.
The Equality and Human Rights Commission (EHRC) published an Interim Update in April 2025 soon after the Supreme Court ruling. That Interim Update attempted to set...
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