First published on Tuesday, May 6, 2025
Last updated on Tuesday, May 6, 2025
In recent news, there’s a lot of conversation regarding the latest ruling by the UK’s Supreme Court—a decision that has rocked the LGBTQ+ community. Despite aiming to provide clarity, both socially and legally, it’s expected to cause further confusion.
What does the ruling say?
In summary, the Supreme Court has determined that the terms 'woman' and 'sex' as defined in the Equality Act 2010 pertain to a 'biological woman' and 'biological sex', which specifically refers to individuals assigned female at birth. This ruling has made it clear that it does not extend to transgender women, regardless of whether they possess a Gender Recognition Certificate.
And while the case leading up to the ruling was focused on women, it’s decision now also means the term ‘man’, in the Equality Act, also refers to a biological man.
This has led to several implications for transgender people, particularly when referring to employment, such as the use of single-sex spaces, including bathrooms, hospital services, and across several sports.
Discrimination based on gender and sex
Due to the ruling, there are now implications regarding the interpretation of single-sex spaces and services. Which in turn could result in discrimination based on gender reassignment. However, it is important to note that despite the ruling, transgender people continue to retain their protective rights under the Equality Act regarding discrimination based on gender reassignment.
Appeals to European Court of Human Rights
Victoria McCloud, the UK’s first transgender judge, has appealed the Supreme Court ruling, taking an appeal to the European Court of Human Rights (EHRC). In the meantime, interim measures have been put in place.
The current situation
During the interim, the EHRC has provided an update offering guidance on the topic for all workplaces, Which includes those offering services to the public such as the care and hospitality sectors.
“Trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities”.
However, these businesses and service providers are still responsible for providing suitable facilities for transgender people in the UK.
What can you do as an employer?
Practically, for employers, this raises lots of questions surrounding an incredibly sensitive topic. So, dealing with it in the right way is very important. Both for your employees and your business.
With the interim update in place, employers must provide sufficient single sex toilets for all employees. With further guidance, as follows:
Employers are required to offer adequate single-sex restrooms, along with changing and washing facilities as necessary, for their staff.
Transgender individuals should not be allowed to access facilities corresponding to their gender identity; for instance, a transgender woman cannot use women's facilities, and a transgender man cannot use men's facilities. Allowing this would compromise the single-sex nature of these spaces, making them accessible to individuals of the opposite sex.
In certain situations, the law may also restrict transgender individuals from using facilities designated for their biological sex.
Employers must ensure that transgender individuals have access to appropriate facilities. Whenever possible, mixed-sex facilities should be made available alongside single-sex options.
Additionally, restrooms located in lockable rooms, rather than cubicles, may be used by any gender.
For advice and guidance regarding how best to approach the ruling in your workplace, it’s a good idea to get expert advice.
With BrightAdvice, you can contact our team of HR and employment law experts any time. With a 24/7 advice line, we’ll provide the support and guidance you need to stay on the right side of the law.
If you’re still concerned about the implications of this ruling for your business, you can book a free demo with one of our experts here, or alternatively, call us on 0800 470 2432.
