Landmark Supreme Court judgment on the Equality Act 2010
16 April 2025On 16 April 2025, the UK Supreme Court delivered its judgment in For Women Scotland Ltd v The Scottish Ministers[2025] UKSC 16. The Court unanimously held that, for the purposes of the Equality Act 2010, the terms “woman” and “sex” refer exclusively to biological sex. Consequently, transgender women holding Gender Recognition Certificates (GRCs) are not encompassed within the statutory definition of “woman” under the Act.
This decision arose from a challenge by For Women Scotland Ltd against Scottish Government guidance interpreting the Gender Representation on Public Boards (Scotland) Act 2018. The guidance sought to include trans women with GRCs in the definition of “woman” for the purpose of achieving gender balance on public boards. The Supreme Court found this interpretation to be inconsistent with the Equality Act 2010, affirming that the Act’s provisions concerning sex-based protections pertain solely to biological sex.
While the Court acknowledged that individuals with the protected characteristic of gender reassignment are safeguarded against discrimination under the Equality Act, it emphasized that such protections do not alter the biological definitions of “woman” and “man” within the Act. The ruling has significant implications for policies related to single-sex spaces and gender representation across the UK.
Should you or your organisation require assistance or advice with matters arising from this landmark judgment, East Anglian Chambers has barristers available to provide expert legal advice and representation.
< Back to News