News
16 April, 2025
Supreme Court hands down judgment on definition of sex under the Equality Act 2010
The Supreme Court has today handed down judgment in For Women Scotland Ltd v The Scottish Ministers allowing For Women Scotland’s appeal. It held that statutory definition of “sex” (and of “man” and “woman”) under the Equality Act 2010 (EA) is biological such that the issue of a gender recognition certificate under the Gender Recognition Act 2004 does not alter a person’s sex for the purposes of the EA. The Supreme Court considered that its interpretation would not cause disadvantage to trans people and explained the scope of the protections against direct discrimination, harassment and indirect discrimination which trans people have under the EA.
Aidan O’Neill KC acts for the Appellant, For Women Scotland, instructed by Balfour + Manson.
The Judgment can be found here.
The Court’s press summary can be found here.