The UK Supreme Court has ruled that the term “woman” under the Equality Act 2010 refers to biological sex, not gender identity. As such, transgender women are not included within the legal definition of “woman” for the purposes of sex-based exceptions under the Act.
The ruling stems from a legal challenge relating to whether policies or actions designed to protect “women” under the Equality Act must include transgender women. The court concluded that expanding the definition would create legal inconsistency within the framework of protected characteristics.
Legal Context:
- Sex and gender reassignment are both protected characteristics under the Equality Act 2010.
- This ruling clarifies that references to “woman” or “man” in sections of the Act — including provisions for single-sex services, spaces, and occupations — are to be understood as referring to biological sex.
- Transgender individuals remain protected from discrimination and harassment under the gender reassignment provisions of the Act (Section 7).
🔍 Implications for Employment & Workplace Policy:
- Employers should be aware that sex-based policies (e.g., women-only roles, facilities, or services) may legally be limited to individuals assigned female at birth, where this is justified under the Equality Act.
- Anti-discrimination protections remain in place for trans individuals under gender reassignment status.
- This ruling may affect internal equality policies, grievance handling, and access provisions — particularly where single-sex rules are in place.
- There is no change to the general legal obligation to avoid harassment, victimisation, or direct discrimination.
📘 Relevant Legislation:
- Equality Act 2010 – Sections 7, 11, 13, 19, 26
- Schedule 3: Exceptions for single-sex services and employment
- Protected Characteristics: Sex, Gender Reassignment
For anyone unsure how this judgment may affect their employment rights or internal workplace policy, UWA offers confidential consultations to help clarify your position under the law.
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