Supreme Court rule that sex is binary and biological

The Supreme Court has handed down its ruling in Women for Scotland v The Scottish Ministers.  In a unanimous decision the court has ruled that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex, and that the concept of sex is binary, a person is either a woman or a man.  The ruling is clear that a person with a Gender Recognition Certificate in the female gender does not come within the definition of a ‘woman’.

The ruling, while not diminishing the rights of transgender people under the Equality Act in any way, will have far reaching implications for employers.

We will be discussing what the ruling means for employers on the Law on Tour, so if you want to know more book your place today.