You may have heard about the changes to the legal definition of woman. Last week the UK Supreme Court ruled that the legal definition of the word “woman” under the Equality Act 2010 refers exclusively to biological sex.
While the case originated in Scotland, the judgment clarifies the interpretation of the Equality Act 2010, which is UK-wide legislation. This judgment, delivered in For Women Scotland v Scottish Ministers, affects how organisations approach single-sex spaces, workplace policy, recruitment and trans employee support.
According to the 2021 Census, around 262,000 people in England and Wales (0.5% of the population) identified as a gender different from their sex at birth. This means that most employers will employ someone directly or indirectly affected. This legal update is a chance to review internal policies. Key areas to consider include:
- Single-sex spaces: Restrooms, changing rooms and similar facilities must now align with the clarified legal definition. This allows access to be limited by biological sex. To remain inclusive, consider single-occupancy or unisex alternatives. Communicate any changes clearly.
- Equality and diversity training: Training should explain the legal difference between sex and gender identity, include practical scenarios and reinforce that gender reassignment remains protected as a stand alone characteristic.
- Policy language: Consider updates to handbooks and policies, (especially in recruitment where you have sex as a genuine occupational requirement), harassment policies (clarify sex/gender-based protections) and equal opportunities (align language with the ruling while promoting inclusion).
- Employee support: Ensure HR and/or managers are prepared to support individuals affected by the changes. Offer private conversations, access to EAP or space for peer support or community groups at your workplace.
- Communication and culture: Use plain language when communicating changes. Share FAQs on what the ruling means, what’s changing (if anything) and what protections remain. Reminding people of expectations around inclusive behaviour.
- Data collection: If you collect diversity data, consider recording biological sex separately from gender identity. Clarify why and how the data will be used and ensure confidentiality.
The Equality and Human Rights Commission (EHRC) will release updated guidance in summer 2025. In the meantime, review your policies, update any training and continue to reinforce a respectful, inclusive culture.
Please reach out if you need any support in this area.
By Oscar Alvarez