The UK Supreme Court made two key rulings on 16 April 2025 in the case of For Women Scotland Ltd (“FWS”) v Scottish Ministers on the definition of ‘sex’ for the purposes of the Equality Act 2010 (EqA).
Background of the Case
FWS, a campaign group advocating for women’s and children’s rights in Scotland, initiated judicial review proceedings in February 2022.
FWS argued that the legal terms ‘woman’ and ‘man’ as defined in the EqA should only apply to those assigned that sex at birth and should exclude transgender people as well as those with a Gender Recognition Certificate (GRC). A GRC is a legal document that recognises a persons affirmed gender by law.
Supreme Court Ruling
The Supreme Court made the following two key rulings:
- The terms ‘man’, ‘woman’ and ‘sex’ in the EqA refer to biological sex
- A GRC does not change a person’s ‘sex’ for the purposes of equality law
This ruling clarifies that while transgender people with a GRC are recognised in their acquired gender for most legal purposes, this does not extend to the definitions of ‘man’, ‘woman’, and ‘sex’ under the EqA.
Therefore, a transgender woman will not be classed as a ‘woman’ for single-sex protections under the EqA.
The Supreme Court stressed that this interpretation does not remove protections from transgender people. They remain protected from discrimination on the grounds of gender reassignment and can claim direct and indirect discrimination, as well as harassment, based on their acquired gender.
Impacts of this Ruling
A key impact of this ruling is that any service and space providers meant for single-sex only can choose to exclude transgender women, if they can justify it as ‘necessary and proportionate’. This therefore may affect areas such as restrooms, changing rooms, shelters, crisis centres, sports teams and hostels.
It is important to note that transgenders will not be banned from all single-sex spaces (especially when it is not “necessary and proportionate”). They are still protected under the law and can challenge exclusions if they think they’ve been treated in a discriminatory manner.
Conclusion
It is clear that this conversation remains up to debate.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
