Elected Member Briefing - Supreme Court Ruling

On 16 April 2025, the UK Supreme Court delivered a judgment in the case of For Women Scotland Ltd v Scottish Ministers. The ruling clarified that under the Equality Act 2010, the legal definition of 'woman' and 'man' is based on biological sex, not gender identity.

The ruling arose from a challenge to Scottish legislation that aimed to include transgender women in gender balance quotas for public boards.

Key Points of the Ruling

The Court determined that the term 'sex' in the Equality Act 2010 is binary and refers to biological sex at birth.
This means that transgender women (biological men) and transgender men (biologically women), even those with a Gender Recognition Certificate, are not considered their 'certificated sex' for the purposes of sex-based protections under the Act.
Transgender individuals remain protected from discrimination on the grounds of their gender reassignment under the Equality Act (whether or not they have a Gender Recognition Certificate

Implications

Legal and Policy

Single-sex spaces: The ruling may affect access to single sex spaces such as bathrooms, hospital wards, prisons, and shelters. The Equality and Human Rights Commission (EHRC) has announced it will issue updated guidance on this matter.
Public sector equality duties: Public bodies may need to review policies to ensure compliance with the clarified legal definition, for example Trans women will not be able to take sex discrimination claims recognised as women in law, they will not be able to take equal pay claims where the comparator is a man, and they will not be able to benefit from positive action measures for women.
Trans rights: While the ruling limits the scope of sex-based protections to biological sex, transgender individuals remain protected from discrimination on the grounds of their gender reassignment under the Equality Act (whether or not they have a Gender Recognition Certificate).

Social and Political

The decision has intensified public debate around gender identity and women's rights.
Advocacy groups on both sides have responded strongly: For Women Scotland welcomed the ruling, while trans rights organisations expressed concern over its exclusionary impact on an already marginalised group.
As an employer we understand that this ruling may have a significant impact on some of our employees, their families, and friends within the trans community and have issued information to staff on sources of support.

Next Steps for Perth and Kinross Council (PKC)

Stay informed on forthcoming EHRC guidance policy updates, (interim update)
Engage with local equality groups and constituents to understand community concerns.
Assess PKC policies and practices considering the ruling, particularly those involving single-sex services.
An oversight group led by Greg Boland has been established which includes employees from across the organisation. The group will monitor updates and continue to provide information to Elected Members and all staff across our teams. The group will also be responsible for compiling a joint response to the EHRC consultation on the codes of practice for services, public functions and associations
The Equalities Strategic Forum will provide a platform to link with partner organisations including ALEOs

Conclusion

This ruling marks a significant shift in the legal interpretation of sex and gender in the UK. While it provides clarity on the law, its practical implications will unfold over time. We will continue to provide updates to elected members to help you to approach this issue with sensitivity and with the Council's continued commitment to upholding the rights and dignity of all individuals.

Last modified on 07 July 2025

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