On April 16, 2025, the UK Supreme Court delivered a landmark judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, clarifying that the terms “sex,” “man,” and “woman” in the Equality Act 2010 (EA 2010) refer to biological sex. This decision has significant implications for organisations across the UK, necessitating a review of policies and practices to ensure compliance with the clarified legal definitions.
VinciWorks have reviewed our relevant courses in light of the ruling and no material changes to VinciWorks training was necessary. Firms should ensure their internal policies are aligned with the clarification from the Supreme Court regarding biological sex in their provision of their services and their internal policies. Failing to ensure your policies are legally compliant with the ruling could result in an increased risk of an employment tribunal or other compliance failure.
Understanding the Supreme Court’s decision
The case originated from a challenge by the feminist advocacy organisation For Women Scotland against the Scottish Government’s statutory guidance under the Gender Representation on Public Boards (Scotland) Act 2018. The guidance included trans women with Gender Recognition Certificates (GRCs) in the definition of “woman” for the purpose of achieving gender balance on public boards.
The Supreme Court unanimously held that:
- The terms “sex,” “man,” and “woman” in the EA 2010 refer to biological sex.
- A GRC does not change an individual’s sex for the purposes of the EA 2010.
- The Scottish Government’s guidance was unlawful as it extended the definition of “woman” beyond biological sex.
This ruling emphasises the importance of clear and consistent statutory interpretation, particularly in legislation like the EA 2010.
Implications of the For Women Scotland ruling for organisations
Organisations must now consider the following actions to align with the Supreme Court’s interpretation of the Equality Act.
Review and update policies
Policies related to single-sex services, employment, and equality initiatives should be reviewed to ensure they are based on biological sex as defined by the EA 2010. This includes:
- Single-sex spaces (e.g., bathrooms, changing rooms, hospital wards) should be designated based on biological sex.
- Positive action measures aimed at addressing disadvantages faced by women should consider biological sex to ensure legal compliance.
Training and awareness
Consider staff training programs to reflect the clarified definitions of sex, ensuring that employees understand the legal distinctions and their implications for workplace practices. Training should also focus on fostering an inclusive and respectful working culture.
Data collection and reporting
Organisations should assess how they collect and report data related to sex and gender. Data should accurately reflect biological sex where required by law, while also respecting individuals’ privacy and dignity. Self-identification of sex (deciding for oneself which sex one is) remains unlawful.
Maintaining protections for trans people
While the ruling clarifies the legal definition of sex, it does not diminish the protections afforded to transgender individuals under the EA 2010. Trans individuals remain protected from discrimination based on gender reassignment, alongside perceived sex, and can bring claims for direct and indirect discrimination, harassment, and victimisation.
The difference now is that trans people cannot automatically be included in protections or policies that are specifically based on the different sex than their biological sex.
For example, a biological male who identifies as a transgender person is protected from discrimination based on the protected characteristic of gender reassignment – but they cannot claim rights or access based on being female under the protected characteristic of sex.
Organisations should continue to foster inclusive environments by:
- Respecting individuals’ gender identities in day-to-day interactions.
- Implementing policies that prevent discrimination and promote equality for all employees and service users.
- Providing support and resources for transgender individuals within the organisation.
Step-by-Step guide for compliance with the For Women Scotland ruling
The Supreme Court’s decision in For Women Scotland Ltd v The Scottish Ministers provides clarity on the legal definitions of sex within the EA 2010. Organisations must review and adjust their policies and practices to ensure compliance with this interpretation, while also maintaining a commitment to inclusivity and the protection of all individuals’ rights.
Step 1: Understand the legal ruling
- Read the Supreme Court summary and key media analysis.
- Note that “sex” in the Equality Act 2010 now clearly refers to biological sex.
- A Gender Recognition Certificate (GRC) does not alter sex under the Equality Act.
- It remains a criminal offence to ask for a GRC.
Step 2: Audit your current policies
- Review HR, DEI, recruitment, safeguarding, and facilities policies.
- Highlight any wording that refers to “sex,” “man,” “woman,” or “gender.”
- Note any areas where “legal sex” and “gender identity” are currently used interchangeably.
Focus particularly on:
- Single-sex services and spaces
- Positive action and diversity targets
- Recruitment quotas or representation policies
- Data reporting obligations
Step 3: Update and redraft policies where necessary
- Amend references to “sex” to make it clear whether this refers to biological sex or gender identity.
- Ensure single-sex services are justified under the Equality Act’s exemptions.
- If your organisation provides single-sex spaces, reassess how access is granted.
Step 4: Review and adjust data collection
- Check how you record “sex” in HR systems, surveys, and reporting.
- If you collect both sex and gender identity, label them clearly and explain why.
- Ensure mandatory data submissions (e.g. to regulators) use the legally defined term.
Step 5: Update training and internal communications
- Revise EDI, recruitment, HR, and management training to reflect the ruling.
- Offer guidance to staff on how to support colleagues respectfully while complying with the law.
- Clearly communicate the difference between sex-based rights and gender identity protections.
Remember: Gender reassignment remains a protected characteristic under the Equality Act.
Step 6: Maintain an inclusive approach
- Continue to affirm your commitment to non-discrimination.
- Provide optional gender-inclusive facilities where possible (e.g. unisex toilets or private changing spaces).
- Consider a trans inclusion policy that sits alongside your EA 2010-compliant framework.
Step 7: Seek legal or specialist advice
- Consult your legal team, HR advisors, or external counsel on policy changes.
- Consider seeking specialist DEI advice to ensure your approach remains inclusive and lawful.
Step 8: Set a review cycle
- Schedule regular reviews of your sex and gender-related policies (at least annually).
- Monitor ongoing legal developments and judgments related to the Equality Act and protected characteristics.
