What the Supreme Court's gender ruling means for HR

In the For Women Scotland v The Scottish Ministers case, the UK Supreme Court has ruled that the legal definitions of "woman" and "sex" in the Equality Act 2010 refer to biological sex, affirming a binary understanding of gender in law. Following the decision, the Equality and Human Rights Commission has issued a short interim update highlighting the main consequences of the judgment.

The update reminds employers that in workplaces, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.

Its key message is that trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities.

WHAT ARE THE IMPLICATIONS FOR HR?

Despite concerns following the ruling, the Supreme Court emphasised that protections for transgender individuals remain intact, ensuring that trans people can still bring claims of sex discrimination.

HR leaders are advised to update policies to reflect the clarified legal position without undermining diversity and inclusion (D&I) practices, and to continue showing strong support for transgender employees with a zero tolerance approach for bullying and harassment.

Employers should also consider the importance of preparing managers for sensitive discussions, and offering training refreshers to ensure all employees feel protected and respected.

Despite the ruling’s clarity on biological sex, HR leaders are advised not to roll back D,E&I initiatives but to enhance fairness and sensitivity. Maintaining an inclusive culture while complying with the new legal interpretation is essential for minimising risks and fostering a supportive workplace.

If you would like Starford's help with adapting your internal policies, or supporting employees through management and DEI training, please contact our team on 01342 347063 or email hello@starfordlegalhr.com