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The UK Supreme Court delivered a landmark ruling on 16 April 2025 regarding the protected characteristic of sex in the Equality Act 2010. The judgment, which considered the interaction between the Equality Act 2010 and the Gender Recognition Act 2004 ruled that the definition of woman and sex in the Equality Act 2010 refer to a biological woman and biological sex rather than what was described as certified gender (as a result of a person changing their gender and gaining a gender recognition certificate reflecting their acquired sex under the 2004 Act).
The ruling means that a person with a gender recognition certificate (GRC) acknowledging their gender as female should not be regarded as a woman for the purposes of a sex discrimination claim under the Equality Act 2010 and does not fall into that protected characteristic or definition.
According to employment law expert Audrey Williams of Keystone law it is important that employers appreciate the significance of the Supreme Court judgment and that it is limited to a specific point regarding the definition of woman in the Equality Act but that it does not remove or change an employer’s obligations in the workplace or the need to behave fairly and equitably in the treatment of those who are transgender.
Responding to judgement, Acas Head of Inclusive workplace policies, Julie Dennis, said:
“The recent Supreme Court judgement will have implications for UK workplaces. We will be working at pace with partners such as the Equality and Human Rights Commission and the Government to reflect the Court’s ruling in our advice.”
Peter Cheese, chief executive of the CIPD, the professional body for HR and people development welcomed the clarification from the Supreme Court ruling as it sets out that the Equality Act’s definition of a woman is based on biological sex.
He said: “This will provide further understanding for individuals and organisations in what has been a difficult area for employers to interpret and find the right balance, recognising the rights and beliefs that need to be upheld for all.
“Employers will need to ensure that their policies and approaches are up to date with today’s legal clarification of the position in the UK. However, there will remain legal and practical issues for employers to work through to support inclusion, dignity, and fairness at work and ensure all colleagues are protected from discrimination and harassment.”
“We hope that today’s ruling will simplify some of the guidance and discussion in this space and as the CIPD, we are updating our own content and resources for HR professionals where needed.”
