The Supreme Court has given a judgment saying that the Equality Act definition of "sex" is based on biology, while emphasising that trans people...
United Kingdom Employment and HR
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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.
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