The UK Supreme Court recently delivered a pivotal judgment in For Women Scotland v The Scottish Ministers, addressing the legal definition of “woman” under the Equality Act 2010.

The decision clarifies that, in the context of sex-based protections, the term “woman” refers exclusively to biological sex (i.e. sex as recorded on an employee’s birth certificate at birth). This excludes individuals who have obtained a Gender Recognition Certificate (GRC) or identify as women without one.  This ruling has significant implications for employers, particularly in the management of workplace policies, diversity initiatives, and compliance with equality legislation.

Sex is a protected characteristic under the Equality Act 2010 which defines a person’s sex as either male or female. This case reinforces the legal framework that sex-based protections apply on a biological basis, thereby excluding transgender women (and vice versa) from certain legal entitlements designated for women under equality law. While gender reassignment is a separate protected characteristic under  the Equality Act, this ruling confirms that it does not override or take primacy over sex-based rights.

Although the case was initiated in Scotland, it has broad implications for employers across the UK, especially those managing single-sex provisions, workplace environments, and anti-discrimination frameworks.

So, what now?

Our employment law team have put together a toolkit for employers and HR teams to work with. If you need support in any of these areas, please contact the Vista team here.

Workplace Policies & Facilities

Assess whether your existing policies comply with the Supreme Court’s interpretation of sex-based protections. The key areas you may want to focus on are:

• Single-sex spaces: Facilities such as toilets and changing facilities must be categorised based on biological sex rather than gender identity.  Employers should also ensure that gender neutral facilities are also available, if possible.
• Occupational requirements: If employers rely on sex-based occupational requirements (e.g. roles that must be performed by a woman for privacy or dignity reasons), these must now be strictly limited to biological females.
• Access to women-only schemes or services: Employers involved in women’s mentorship schemes, networks, or safeguarding roles must review eligibility criteria to ensure compliance with the legal definition of sex.

It’s a big job, but a thorough  policy audit will ensure that all workplace provisions align with legal obligations under the Equality Act.