The Supreme Court has given a judgment saying that the Equality Act definition of “sex” is based on biology, while emphasising that trans people are protected from discrimination. We explain why this should not change how employers approach discrimination and harassment at work.
A long-running case about the definition of men, women and sex under discrimination law has concluded with the Supreme Court saying that the Equality Act 2010 definition of sex refers to biology. In short, the Court says that various provisions in the Act relating to sex don’t make sense unless they are read as biological sex, but that doesn’t remove protection from discrimination for trans people. There has been a lot of press comment on the implications of this decision, but our view is that it should not change what employers have already been doing to balance the rights of different groups in the workplace. This article does not consider provision of services, which is dealt with in a different part of the Equality Act from employment.
This case was all about the relationship between discrimination law and the rights of trans people to obtain a gender recognition certificate (GRC). The Equality Act prohibits sex discrimination against both women and men in various settings, including the workplace. The Gender Recognition Act 2004 allows a trans person to obtain a GRC, which changes their gender for “all purposes” subject to limited exceptions. But does this mean...
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