Supreme Court rules on definition of ‘woman’ under Equality Act
A recent UK Supreme Court has ruled on the definition of ‘woman’ under the Equality Act.
The ruling, handed down on 16 April 2025, has determined that for the purposes of the Equality Act 2010, the term “woman” refers strictly to biological sex rather than acquired gender. This decision arose from a legal challenge by activist group For Women Scotland concerning gender representation on public boards in Scotland.
The Court found that including transgender women – even those with a Gender Recognition Certificate (GRC) – within female quotas would create unequal sub-groups and legal inconsistencies. The judgment underlines the binary nature of sex as recognised by the Act and highlights the need for clarity in applying legal protections to areas such as equal pay, single-sex spaces, and public services.
Featured in various publications, Spencer West Employment Law Partner Jonathan Mansfield commented on the ruling’s potential implications for employers and employment law.
“This latest ruling highlights inconsistencies in sex based rights in employment and poses some practical issues for employers. Certain rights which are currently available related to sex such as equal pay will only be available based on biological sex.”
Jonathan also noted that while protection against discrimination remains in place for individuals undergoing gender reassignment, it does not extend to all those eligible for a GRC. He underscored the alignment between the ruling and the Equality and Human Rights Commission’s 2023 recommendation to adopt a biological definition of sex, emphasising the need for legislative clarity to keep pace with evolving societal understanding.
“There is clearly a need for legislative clarification in this area given as the EHRC noted that society has evolved considerably with regard to matters of protected characteristics of sex and gender re-assignment since the Equality Act 2010 was enacted.”
Jonathan’s commentary was featured by the below publications:
- Solicitor’s Journal – Supreme Court ruling sparks debate on gender
- Benefits Expert – UK Supreme Court clarifies ‘incoherent’ Equality Act definition of ‘woman’
- People Management – Supreme court rules legal definition of a woman is based on biological sex – what does HR need to be aware of?
- Law Society Gazette – Employment solicitors speak out on impact of Supreme Court Equality Act judgment
- The Daily Mail – What does the Supreme Court gender ruling mean?
- CityAM – Employers should review policies as court rules definition of a woman is based on biological sex
- HR Magazine – How will the Supreme Court’s gender ruling impact HR leaders?