What’s Happened?
In a significant ruling on 16th April 2025, the UK Supreme Court clarified that the protected characteristic of sex in the Equality Act 2010 refers to biological sex, not gender identity or the legal sex assigned through a Gender Recognition Certificate (GRC).
What is the Significance of this Ruling?
The Court made it clear that whilst transgender people are protected under the Equality Act’s provisions for gender reassignment, those protections are separate from the sex-based rights to apply to biological men and women.
This judgement has implications for many organisations including:
- Workplaces
- Public services e.g. shops, restaurants, hospitals, leisure facilities etc.
- Sporting bodies
- Schools
- Membership Associations.
What will be the Impact of this on your Employees?
The consequences of this ruling are far reaching on what is already a very sensitive and emotive subject for many people. The government is still drafting more formal guidance on how the judgement should be interpreted in practice but have confirmed the following:
Workplaces and Services open to the Public:
- trans women (biological men) should not be permitted to use designated women’s facilities and trans men (biological women) should not be permitted to use designated men’s facilities
- where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided for trans individuals
- where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by either women or men
- Pupils who identify as trans girls (biological boys) should not now be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities.
Furthermore, the Supreme Court noted that it could be justified for trans individuals to be turned away from services which match their biological sex due to how they look e.g. a trans man could potentially be turned away from a female toilet if their appearance or attributes are perceived as too masculine.
What do I need to think about as an Employer?
Provision of Gender Neutral Toilets/Facilities
Employers need to consider providing gender neutral toilets/changing facilities if they are not currently available to staff. Accessible toilets are often unisex and therefore a possibility, however that could limit availability for disabled employees as well as create problems for trans staff (e.g. outing employees who have not yet disclosed their trans status or who have previously used facilities matching their gender identity).
A thoughtful and respectful consultation process with those impacted can help identify practical solutions and preserve the dignity of everyone concerned.
Administration
Employers will need to check their policies to ensure that language reflects the legal definition of sex. Training material should be updated to explain the clarified legal definitions of ‘sex’ and ‘gender reassignment’ under the Equality Act.
Training Line Managers/Internal Communication
The human touch is crucial in situations like this. Employers should be aware that some staff members may be personally affected by the decision in various ways. For instance, they may be transgender themselves or have a transgender family member. The ruling also affects children in schools, which may understandably cause distress for parents of transgender children. Line managers should proactively check in with affected individuals to see how they are coping. To support this, companies need to ensure they are properly equipped to handle sensitive conversations and can direct employees to appropriate support services, such as the helplines listed at the end of this blog.
Transgender employees may now feel more vulnerable in the workplace, so it is essential to reassure them that they remain valued members of the team and must continue to be treated with the utmost respect and dignity. A zero-tolerance approach to any form of bullying or harassment should be firmly upheld. To help reinforce this, a message from senior leadership may be appropriate at this time e.g. acknowledging the recent ruling, its potential impact, and reaffirming the company’s ongoing commitment to inclusion and respect for all identities, beliefs, and perspectives.
Further government guidance is expected in due course, and we will keep you updated as new information becomes available.
Possible Impact on Other Legislation:
Equal Pay Claims
More guidance is expected, however, this ruling may impact equal pay claims due to the need to provide an actual comparator of the opposite sex . A trans woman will not be able to bring a claim against a male colleague due to being ‘biologically male’. Although in theory, a trans man should be able to bring an equal pay claim against male colleagues due to being ‘biologically female.’
The landscape surrounding this judgment is still evolving, and many aspects remain unclear. Please don’t hesitate to reach out to us for advice or support in the meantime.
Specialist Helplines:
Mermaids – support trans, non-binary and gender questioning children/young people and their families – Tel: 0808 801 0400
MindLine Trans+ mental health support helpline for people who identify as transgender – Tel: 0300 330 5468
Gendered Intelligence –support line for the trans community – Tel: 0800 640 8046. Email: supportline@