Equalities act sex definitions High court rules women means biological sex

Supreme Court Rules “Woman” Means Biological Sex under the Equalities Act

On 16 April 2025, the UK Supreme Court made an important decision about how the word “woman” is used in the Equality Act 2010. The Court confirmed that, under this law, “woman” and “sex” refer only to someone’s biological sex at birth.

This means that transgender women – even those who have a Gender Recognition Certificate (GRC) – are not legally considered women under this specific part of the law.

• Transgender people are still protected under the Act – particularly through the part that covers “gender reassignment,” which makes it unlawful to discriminate against them.
• The Court made it clear that their job was to explain how the law works, not to take sides in wider debates about gender identity.

What The Equalities Act Means  Means for Employers

At the present time it has not been established what the full impact will be for employers and the implications will probably be far reaching and complex.

In broad terms it is likely to mean that transgender people or those who identify as the opposite sex will not have the right to be allowed into single sex facilities such as toilets or changing rooms.

However, this could be further complicated by potential claims from transgender people especially those with Gender Recognition Certificate (GRC) if the only facilities now available for them to use are those associated with their birth sex.

What should I do as an employer

It is too early to give a definitive list of what actions employers should or should not do. However, it is a good time to review any policies that rely on definitions of “sex” or “gender” to make sure they’re in line with the law.

You may also want to consider how this may affect things like gender-based policies, single-sex spaces, or diversity schemes.

What happens next following the equalities act ruling 

The Equalities Commission has stated that it will realise further information and guidelines later this year on how this new definition under the equalities act will affect employers.

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