On 16 April 2025, the UK Supreme Court delivered a landmark ruling in For Women Scotland Ltd v The Scottish Ministers, clarifying that under the Equality Act 2010, the term “woman” refers specifically to biological sex.

This clarification has significant implications for UK employers, particularly in areas such as workplace policies, gender-based initiatives, and the management of single-sex spaces. As HR professionals, we must consider how this ruling impacts our responsibilities, workplace practices, and compliance under existing equality legislation.

Understanding the Supreme Court Decision

The case centred on a Scottish Government policy that allowed transgender women with Gender Recognition Certificates (GRCs) to be treated as women for the purposes of increasing female representation on public boards. The Supreme Court ruled that this approach was unlawful, affirming that the Equality Act 2010 defines “woman” as someone who is biologically female.

While this clarification does not reduce the protections for transgender individuals under the Equality Act, particularly those related to gender reassignment, it specifies that for sex-specific provisions, such as single-sex services or initiatives aimed at improving opportunities for women, “woman” refers to biological sex.

Key Implications for Employers

  1. Review of Sex-Based Workplace Policies. Employers who have implemented initiatives, targets, or policies specifically for “women” should now ensure that these measures align with the legal definition of biological sex. This includes schemes aimed at increasing female representation in senior leadership, gender pay gap reporting, and career development programmes that are sex-specific.

    Employers may need to reassess eligibility criteria for female-only opportunities or benefits to ensure they are in line with the legal definition, especially where the objective is to address disadvantages based on sex.
  2. Provision and Access to Single-Sex Spaces. The ruling reaffirms that employers are within their rights to provide single-sex facilities – such as toilets, changing rooms, or sleeping accommodation – for biological women. Employers may restrict access to these spaces where it is a proportionate means of achieving legitimate aims, such as safeguarding privacy, dignity, or safety.

    Employers should review their current provisions and ensure they can justify the use of single-sex spaces based on these grounds, while also considering alternative or gender-neutral options where appropriate.
  3. Supporting All Employees Fairly. This decision does not allow discrimination. Employers remain responsible for ensuring that transgender employees are treated with respect, dignity, and fairness, free from bullying, exclusion, or harassment.

    Policies should acknowledge both the legal rights of biological women to access sex-specific protections and the rights of transgender individuals to be treated fairly and without marginalisation. It is essential for employers to ensure respectful communication and the consistent application of workplace conduct policies.
  4. Clarity in Internal Communications. Clear and consistent communication is more important than ever. Internal policies, staff handbooks, and training materials should use terminology carefully and in line with legal definitions. When referencing “woman” in legal contexts or compliance reporting, it should refer to biological sex. For inclusivity initiatives, such as employee support groups, employers may wish to create space for broader gender identities, ensuring clarity in the wording used.

Final Thoughts

This ruling provides UK employers with important legal clarity, but also places the responsibility on us to navigate these changes thoughtfully and carefully. Defining “woman” as biological sex in specific legal contexts does not change the duty of care owed to all employees.

This is not just a legal update – it marks a significant moment for organisations to show leadership, inclusivity, and responsibility. Failing to adapt could result in reputational damage, employee disengagement, or even legal risks. However, getting it right will build trust, enhance your organisational culture, and set you apart as an employer of choice.

At MAD-HR, we specialise in guiding businesses through complex legislative changes with expertise and care. Our award-winning HR team can support you in providing leadership training, employee training, reviewing policies and creating a workplace that is both compliant and compassionate. Contact us today and take the first step towards staying ahead of the curve.