On 16 April 2025, the UK Supreme Court issued a landmark ruling that has important implications for how the Equality Act 2010 is understood and applied particularly in relation to gender and sex.

What was the case about?

The case centred around whether the legal term “woman” could include transgender women who have a Gender Recognition Certificate (GRC). The court ruled that for the purposes of the Equality Act 2010, the terms “man” and “woman” refer only to biological sex meaning the sex someone is assigned at birth.

What does this mean in practice?

This ruling clarifies that:

  • The protected characteristic of “sex” under the Equality Act refers to biological sex only.
  • Legal definitions for things like single-sex spaces, services, or roles must be based on biological sex, not gender identity, even if a person has legally changed their gender via a GRC.
  • Transgender individuals are still protected under the Equality Act through the separate characteristic of “gender reassignment,” which prohibits discrimination based on someone being transgender.

How might this affect services or employers?

For service providers and employers, this means clearer guidance when making decisions about:

  • Single-sex services (e.g. women’s shelters, gyms, or changing facilities)
  • Gender-specific roles or quotas (e.g. boardroom gender representation)
  • Balancing the rights of different groups under the Act

Organisations will need to review their equality and diversity policies to ensure they comply with this clarified legal definition, especially where distinctions are made on the basis of sex.

A divisive decision

This judgment has sparked strong opinions on both sides. Some have welcomed the decision as a reinforcement of women’s sex-based rights, while others, particularly in the LGBTQ+ community, have raised concerns about potential exclusions and the impact on trans rights.

Final thoughts

While this ruling does not remove protections for transgender people, it does draw a firmer legal line between sex and gender identity. It’s a significant shift in the legal landscape, and one that employers, service providers, and individuals should be aware of.

If you have questions about how this judgment might affect your business, workplace policies, or individual rights, our legal team is here to help you navigate the changes.