I think we are all aware of the UK Supreme Court judgement in April 2025 where the ruling was the protected characteristic of “sex” in the Equality Act 2010 refers to biological sex, not acquired gender or legal sex recognised through a Gender Recognition Certificate (GRC).  We are still receiving enquiries about this so wanted to detail what this judgement means in practice.

This judgment confirmed that references to a “woman” would mean someone who was biologically female at birth.  This means that if a person identifies as transgender, their sex for the purposes of the Equality Act remains their sex at birth, even when they have a GRC.

However, the Supreme Court was keen to confirm that this judgment does not lessen or remove the important protections available under the Equality Act 2010 to transgender people, who are protected from discrimination on the basis of gender reassignment.  In the same way, gender as a protected characteristic under the Equality Act 2010 also remains.

What are the implications for employers and people professionals? 

• Firstly, transgender employees remain protected from discrimination under gender reassignment provisions and their needs must also be taken into account. 
• Employers should review policies and procedures to ensure diversity policies etc reflect the legal definition of sex.
• Consider training to equip managers to explain the clarified legal definition of “sex” and “gender reassignment” under the Equality Act, and also on how they can handle related workplace issues sensitively and lawfully.
• Reassess the provision of gender-specific facilities, such as toilets and changing rooms, to ensure they comply with the legal definitions established by the Supreme Court ruling.