Supreme Court rules on the definition of ‘sex’ under the Equality Act 2010

The Supreme Court yesterday handed down judgment in For Women Scotland v Scottish Ministers [2025] UKSC 16. It has held that the statutory definition of ‘sex’, ‘man’ and ‘woman’  in the Equality Act refer to “biological sex” (which it explained to be the sex of a person as at birth) and are not altered by the acquisition of a gender recognition certificate under the Gender Recognition Act 2004. The judgment considered the potential effects to different groups from the competing interpretations and ruled that this interpretation would not cause disadvantage to trans people who may receive statutory protections under it by the separate characteristic of ‘gender reassignment’ and in relevant cases by being perceived to be or associated with persons of their acquired gender. 

Beth Grossman acted for three Interveners, led by Karon Monaghan KC of Matrix Chambers.