In April 2025, the UK Supreme Court issued a landmark ruling clarifying that the term “sex” in the Equality Act 2010 refers to biological sex, not gender identity or certificated sex via a Gender Recognition Certificate (GRC). This decision has significant implications for single-sex spaces, services, and rights across the UK.
The Equality and Human Rights Commission (EHRC) released an interim update on 25 April 2025 to outline the practical consequences of this judgment and announce a public consultation in mid-May. This article summarizes the EHRC’s guidance, offers tips for providing effective feedback during the consultation, and highlights key resources for sex-based advice to ensure the ruling is implemented UK-wide.
Key Points of the EHRC’s Interim Update
The EHRC’s interim update addresses the Supreme Court’s ruling in For Women Scotland Ltd v The Scottish Ministers, which confirmed that “sex” in the Equality Act 2010 means biological sex. Below are the main takeaways:
1. Definition of Sex in the Equality Act
- The Supreme Court ruled that “sex” refers to biological sex, meaning a person’s sex at birth (male or female).
- Transgender individuals, even those with a GRC, do not change their legal sex for the purposes of the Equality Act. For example, a trans woman (biological male) is not legally a woman under the Act, and a trans man (biological female) is not legally a man.
2. Implications for Single-Sex Spaces and Services
- Single-sex services, such as toilets, changing rooms, hospital wards, refuges, and sports, can exclude individuals based on biological sex if it is a “proportionate means of achieving a legitimate aim” (as per the Equality Act).
- Providing only mixed-sex facilities could lead to indirect sex discrimination, particularly against women, if it undermines access to safe, single-sex spaces.
- Trans women (biological males) should not use women’s single-sex facilities, and trans men (biological females) should not use men’s facilities, as this would negate the single-sex nature of those spaces. In some cases, trans individuals may also be excluded from facilities matching their biological sex if lawful exemptions apply.
3. Ongoing EHRC Actions
- The EHRC is revising its statutory Code of Practice to reflect the ruling, with updates expected to be laid before Parliament by summer 2025, subject to ministerial approval.
- A two-week public consultation will launch in mid-May 2025 to gather stakeholder views on how to reflect the judgment’s practical implications in updated guidance. The consultation will not revisit the legal definition of sex, as this has been clarified by the Supreme Court.
- The EHRC continues to enforce the Equality Act, protecting all characteristics, including sex, gender reassignment, and sexual orientation.
4. Advice for Duty-Bearers
- Employers, service providers, and public bodies must align policies with the biological sex definition to comply with the Equality Act.
- Organisations should seek specialist legal advice to navigate complex cases, especially where single-sex provisions or exemptions are involved.
Tips for Providing Feedback During the May Consultation
The EHRC’s consultation will be a critical opportunity for individuals, organisations, and stakeholders to shape updated guidance. Here are practical tips to ensure your feedback is impactful:
1. Focus on Practical Implications
- The EHRC has stated that the consultation will not debate the legal definition of sex, as this is settled. Instead, focus on how the ruling should be applied in real-world settings, such as workplaces, schools, hospitals, prisons, or sports.
- Example: Suggest specific measures, like clear signage for single-sex facilities or training for staff on lawful exemptions under the Equality Act.
2. Be Clear and Evidence-Based
- Use concise language and provide evidence or examples to support your points. For instance, reference data on the importance of single-sex spaces for women’s safety (e.g., studies on domestic violence refuges) or case studies of policy misapplications.
- Avoid emotional or inflammatory language to maintain credibility.
3. Address Specific Sectors
- Tailor your feedback to sectors where single-sex provisions are critical, such as healthcare, education, sports, or criminal justice. Highlight challenges (e.g., NHS policies allowing trans women in female wards) and propose solutions.
- Examples:
- Advocate for guidance that ensures prisons house inmates based on biological sex to protect female prisoners, referencing cases like Karen White (2018) or Isla Bryson (2023).
- Advocate for NHS policies to ensure female-only wards based on biological sex, referencing cases like Sandie Peggie’s lawsuit against NHS Fife for unlawful harassment.
4. Emphasise Fairness and Balance
- Acknowledge the need to protect rights under the gender reassignment characteristic while prioritising clarity for sex-based rights. Suggest inclusive solutions, like gender-neutral facilities alongside single-sex options (where available).
- Examples:
- Propose that workplaces offer unisex toilets to accommodate people covered under the gender reassignment characteristic without compromising single-sex facilities for others.
- Suggest sports organisations adopt biological sex-based categories, as supported by Fair Play For Women, to ensure fairness in women’s competitions.
5. Engage as a Stakeholder
- If you represent an organisation (e.g., a women’s charity, sports body, or employer), clearly state your role and expertise. This strengthens your submission’s weight.
- Encourage collective submissions from groups with shared interests, such as women’s rights or LGB organisations, to amplify impact.
- Example:
- Parents could cite Our Duty’s concerns about social transition in schools to argue against policies that bypass parental consent
6. Prepare for Submission
- Monitor the EHRC website (www.equalityhumanrights.com) for the consultation announcement, expected in mid-May 2025.
- Review the EHRC’s draft Code of Practice (if available) before submitting feedback to ensure your comments are relevant.
- Submit feedback promptly, as the consultation window is only two weeks.
Key Resources for Sex-Based Advice To Support Your Feedback:
To ensure the Supreme Court ruling is implemented effectively across the UK, stakeholders can consult trusted organisations that provide evidence-based, sex-realist advice. Below are key sources:
1. Sex Matters
- Website: sex-matters.org
- Overview: A human rights charity focused on clarity about sex in law and policy. Their briefing on the Supreme Court judgment offers practical advice for organisations reviewing policies.
- Key Advice: Policies must use the biological sex definition to avoid unlawful conduct. Engage transparently with stakeholders and avoid pledging allyship to advocacy groups that may conflict with the Equality Act.
2. Transgender Trend
- Website: transgendertrend.com
- Overview: Provides resources for schools, parents, and policymakers on sex-based rights, particularly in education. Their guidance emphasises safeguarding and evidence-based approaches.
- Key Advice: Schools should maintain single-sex facilities and sports to comply with the ruling while offering alternatives like unisex options.
3. LGB Alliance
- Website: lgballiance.org.uk
- Overview: Advocates for same-sex attracted individuals, emphasising the importance of biological sex in defining sexual orientation. Their intervention in the Supreme Court case highlighted lesbian rights.
- Key Advice: Associations for same-sex attracted people can lawfully exclude individuals of the opposite biological sex, regardless of GRC status.
4. Fair Play For Women
- Website: fairplayforwomen.com
- Overview: Focuses on protecting women’s sports and single-sex spaces. Their resources include data on biological differences in sports and legal guidance for compliance.
- Key Advice: Sports bodies should update policies to exclude biological males from women’s categories, as supported by the ruling’s clarity on “gender-affected” sports like boxing.
5. EHRC Guidance
- Website: www.equalityhumanrights.com
- Overview: The EHRC’s existing single-sex services guidance is being updated to reflect the ruling. Check their website for the latest resources and the revised Code of Practice (expected summer 2025).
- Key Advice: Duty-bearers should review current EHRC guidance on single-sex exemptions and prepare for updates to ensure compliance.
6. Protect and Teach
- Website: protectandteach.uk
- Overview: A campaign group focused on safeguarding children in schools by promoting evidence-based policies on sex and gender. They provide resources for parents and educators.
- Key Advice: Schools should immediately align policies with the Supreme Court ruling, ensuring single-sex facilities and removing trans-affirming materials from PSHE curricula.
7. For Women Scotland
- Website: forwomen.scot
- Overview: A Scottish grassroots group that led the Supreme Court case, campaigning to protect women’s and children’s sex-based rights. They challenge policies eroding single-sex provisions.
- Key Advice: Local authorities must provide single-sex facilities in schools, as mixed-sex toilets breach equality law and cause distress to female pupils.
8. Safe Schools Alliance UK
- Website: safeschoolsallianceuk.net
- Overview: A grassroots organisation of parents, teachers, and professionals campaigning for child safeguarding in schools. They emphasise compliance with the Equality Act’s protected characteristics and the importance of Safeguarding.
- Key Advice: Schools must prioritise safeguarding by maintaining single-sex spaces and reviewing RSHE materials for age-appropriateness and factual accuracy.
9. Women’s Rights Network (WRN)
- Website: womensrights.network
- Overview: A UK-wide feminist network defending women’s sex-based rights. WRN has challenged unlawful policies, such as Manchester City Council’s trans-inclusive motion, and campaigns for clear sex-based language.
- Key Advice: Organisations must conduct Equality Impact Assessments to ensure policies protect women’s safety, dignity, and privacy in single-sex spaces.
10. Our Duty
- Website: ourduty.group
- Overview: A support group for parents of trans-identified children, advocating against medicalisation and social transition. They emphasise safeguarding and parental rights.
- Key Advice: Schools should not facilitate social transition (e.g., name changes or pronoun use) without parental consent, as this violates safeguarding principles.
11. Trans Widows Voices
- Website: transwidowsvoices.org
- Overview: Supports women whose partners have transitioned, highlighting the impact on families and relationships. They advocate for recognition of women’s experiences in gender debates.
- Key Advice: Policymakers should consider the unintended consequences of trans-inclusive policies on families, ensuring women’s voices are heard in consultations.
12. Merched Cymru
- Website: merchedcymru.wales
- Overview: A Welsh grassroots group protecting women’s and girls’ sex-based rights. They advocate for clear policies in education, healthcare, and public services.
- Key Advice: Welsh public bodies must align with the biological sex definition to protect single-sex services, particularly in domestic abuse refuges.
13. Murray Blackburn Mackenzie (MBM)
- Website: murrayblackburnmackenzie.org
- Overview: An independent policy analysis collective in Scotland, focusing on the impact of gender policies on women’s rights and the Equality Act.
- Key Advice: Data collection must be based on biological sex to ensure accurate health, justice, and social care outcomes.
Why This Matters for UK-Wide Implementation
The Supreme Court ruling applies across England, Scotland, Wales, and Northern Ireland as the Equality Act 2010 is UK-wide legislation. However, implementation challenges may arise due to differing policies in devolved administrations (e.g., Scotland’s NHS or prison systems) or inconsistent organisational practices. The EHRC’s consultation and updated guidance aim to standardise compliance, but public input is crucial to address gaps. For example:
- NHS: Current guidance allowing trans women in female wards must be revised to align with biological sex-based provisions.
- Prisons: Cases like Isla Bryson highlight the need for clear policies housing “transwomen” (biological males) in male facilities to protect female inmates.
- Education: Mixed-sex facilities in schools, criticised by For Women Scotland, breach equality law and require urgent correction
- Sports: World Athletics and other bodies are already moving toward biological sex-based categories, but grassroots organisations need guidance.
By engaging with the consultation and using reputable resources, individuals and organisations can help ensure the ruling is applied consistently, protecting sex-based rights while respecting other protections under the Equality Act.
Example Submission:
Below is an example submission for the EHRC’s mid-May 2025 public consultation on updating guidance to reflect the UK Supreme Court’s ruling that “sex” in the Equality Act 2010 means biological sex. This submission draws on evidence, facts, and statistics from the listed organizations to argue why single-sex provisions for women and girls are essential as a matter of law, privacy, dignity, safeguarding, and respect.
Watermark Free Template
Conclusion
The EHRC’s interim update clarifies that the Supreme Court’s ruling on biological sex reshapes how single-sex spaces and services must operate under the Equality Act. The upcoming May 2025 consultation is a vital chance to influence practical guidance, ensuring clarity and fairness for all. By preparing evidence-based, sector-specific feedback and drawing on resources, stakeholders can drive effective implementation across the UK. Stay informed via the EHRC website and act swiftly when the consultation opens to make your voice heard.
Other References & Useful Links:
- Objective justification https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/terms-used-equality-act#objectivejustification
- An interim update on the practical implications of the UK Supreme Court judgment https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment