A recent Supreme Court ruling has clarified how the term ‘sex’ should be interpreted under UK equality law, affirming that it refers to a person’s biological sex rather than their gender identity. This decision will have a significant impact on how laws concerning gender discrimination in the UK are applied in practice — particularly in areas involving single-sex services, public sector equality duties, and women’s rights.
Background to the Case
The case, For Women Scotland Ltd v Scottish Ministers, arose from the Scottish Government’s attempt to include transgender women in the legal definition of “woman” for the purpose of increasing female representation on public boards.
Under the Gender Recognition Act 2004 (GRA), a person who obtains a Gender Recognition Certificate (GRC) is legally recognised in their acquired gender. However, the GRA allows this recognition to be overridden where it conflicts with other laws. The central question for the Court was whether the Scottish Parliament could redefine “woman” in a way that conflicted with the Equality Act 2010, the cornerstone of UK equality law.
The Court’s Decision
The Supreme Court ruled that, for the purposes of the Equality Act, the term “sex” must be interpreted as biological sex. The Court found that interpreting “sex” as acquired gender (as recognised by a GRC) would make several provisions of the Equality Act incoherent or unworkable.
For example, the Equality Act includes specific protections for pregnancy and maternity, as well as rules on equal pay, single-sex spaces, and gender-based associations. These rely on an understanding of sex as a biological concept. The Court concluded that interpreting “sex” any other way would create legal uncertainty and undermine the structure of the Act.
Implications for Gender Discrimination Law in the UK
This ruling provides much-needed clarity on what the term “sex” means under gender discrimination UK law. It confirms that individuals can still claim protection under the Equality Act based on their biological sex, and that organisations are within their rights to maintain single-sex services where appropriate.
However, the ruling also reinforces that transgender individuals — including those with or without a GRC — are still protected under the protected characteristic of gender reassignment. They remain fully entitled to bring claims for direct or indirect discrimination, harassment, and unfair treatment based on their gender identity.
What This Means for Employers and Service Providers
For employers, schools, charities, and public authorities, this decision highlights the importance of understanding the difference between protected characteristics under UK equality law — especially where policies affect access to services, spaces, or opportunities based on sex or gender identity.
You may need to review your policies to ensure they:
- Reflect a legally accurate understanding of biological sex vs gender identity
- Comply with the Equality Act 2010
- Avoid unlawful gender discrimination while still respecting trans rights
Get Expert Legal Support
At Wildings Solicitors, we help employers and organisations stay compliant with evolving equality and discrimination laws. Whether you’re revising workplace policies, providing single-sex services, or facing a discrimination complaint, our legal team can guide you through your responsibilities under UK equality law.
Speak to our Employment Law team today to ensure your practices are fair, lawful, and inclusive.
