Landmark ruling | Supreme Court rules on definition of 'man' & 'woman' - what it means for employers

The UK Supreme Court has today ruled that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex - a landmark decision that will have significant implications for UK employers, especially those managing policies on single-sex spaces and occupational requirements.

The judgment, which arose from a legal challenge by the campaign group For Women Scotland (FWS) against the Scottish Government, centres on whether the definition of “woman” under equality legislation includes transgender women with a Gender Recognition Certificate (GRC).

FWS had argued that gender-based rights should only apply based on a person's biological sex. They had challenged the guidance issued by Scottish ministers, which stated that a trans woman with a full GRC was legally a woman.

However, the justices unanimously ruled that the Equality Act must be interpreted using a biological definition of sex. This decision means that, in law, a trans woman - even with a GRC - is not considered a 'woman' under the Equality Act’s definition.

Key implications for HR leaders and employers

In a press summary, the Court stated: “The meaning of the terms ‘sex’, ‘man’ and ‘woman’ in the Equality Act 2010 refer to biological sex, as any other interpretation would render the Act incoherent and impracticable to operate”.