On 16th April 2025, the Supreme Court ruled unanimously in For Women Scotland Ltd v The Scottish Ministers that the terms “woman” and “sex” in the Equality Act 2010 refer specifically to biological sex and biological women.
The judgment puts to rest years of confusion, where activist groups and advisory bodies have interpreted and promoted the belief that “trans women are women” for the purposes of the Act. These interpretations were widespread, reaching schools, libraries, NHS services, police forces, supermarkets, and other public and private institutions. It led to the claim that trans women (biological men) could access women-only services and spaces unconditionally, often disregarding the Equality Act’s provisions for lawful single-sex exemptions.
As a result, single-sex spaces such as hospital wards, refuges, prisons, toilets, changing rooms, women’s sports, and female-only board roles were opened to individuals based solely on self-identification, even where a Gender Recognition Certificate (GRC) was not present. This has led to well-documented incidents of women being assaulted, injured, intimidated, or penalised in the workplace for expressing gender-critical views.
High-profile figures like JK Rowling and Maya Forstater have brought these issues into public focus. Notably, Forstater’s case helped confirm at the Employment Appeal Tribunal (EAT) that belief in biological sex is a protected characteristic under the Equality Act. It is unlawful to dismiss someone for holding this belief.
The Supreme Court ruling confirms what the law has stated all along: the Equality Act distinguishes between the protected characteristics of “sex” and “gender reassignment”. The term “woman” within the Act refers to biological women, not individuals who identify as female.
Interestingly, our members appear to have been largely unaffected by these misinterpretations. We’ve received few helpline queries on the matter, but in light of this judgment, it would be prudent for employers to review their workplace facilities and policies to ensure legal compliance.
For example, if your dealership provides gender-specific toilets or changing areas, these should be designated according to biological sex. At the same time, we recommend considering the provision of gender-neutral facilities to accommodate all employees and customers in a respectful and inclusive manner.
While the ruling clarifies the definition of “woman”, it’s important to remember that the Equality Act still protects individuals undergoing gender reassignment from discrimination. This includes trans men, trans women, and non-binary people. Your recruitment, promotion, and workplace policies must continue to uphold these protections.
If you’re unsure how this ruling might impact your facilities or internal policies, our employment advice line is available daily. Our team can help ensure your workplace remains compliant, respectful, and protected.
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