Written by Admin | 27 May 2025
Summary
On 16 April 2025, the UK Supreme Court ruled in For Women Scotland Ltd v The Scottish Ministers that under the Equality Act 2010 (“EqA”), “woman” and “man” refer to biological sex, even where a Gender Recognition Certificate (GRC) is held. The decision has significant implications for how schools manage single-sex facilities, employment practices, and equality policies. In response, the Equality and Human Rights Commission (EHRC) issued interim guidance stating that workplace toilet facilities must be based on biological sex, meaning trans employees should not use facilities for the opposite biological sex. While the ruling clarifies the legal position, it presents practical challenges for schools in balancing compliance with their duty of care.
Legal context
The ruling clarifies a tension between the Gender Recognition Act 2004 and the Equality Act 2010. While a GRC changes an individual’s legal sex under the 2004 Act, the Supreme Court found that the EqA uses “sex” in its biological sense—particularly in provisions related to maternity and single-sex exemptions.
What action should schools take?
- Review facilities: Assess toilet and changing room access for staff and pupils, ensuring single-sex spaces are based on biological sex. Where possible, offer private or gender-neutral alternatives for transgender individuals.
- Update policies: Review key policies (e.g. equality, safeguarding, anti-bullying) to reflect the legal definition of sex under the Equality Act and reaffirm protections against discrimination.
- Staff training: Provide training on the legal definitions of sex and gender, handling sensitive situations, and the Equality Act’s protections for transgender individuals.
- Employment practice: Apply facility access rules consistently to staff and pupils. Offer Supreme Court ruling on the definition of "Woman" and "Man" under the Equality Act 2010: Implications for schools reasonable adjustments where feasible, such as gender-neutral options.
- Communication: Prepare clear, sensitive messaging to parents and pupils explaining the changes and reinforcing your School’s inclusive values.
- Pastoral support: Ensure staff and pupils affected by the changes have access to proactive support and feel safe and respected.
What support will EPM provide?
- Policy reviews and redrafting to ensure compliance with the clarified Equality Act requirements. Model policies are available on our website and are compliant with the changes in legislation.
- Tailored training sessions, including free termly People Updates, and chargeable Equality, Diversity and Inclusion Training and our recently launched Education Leaders People Management Toolkit.
- Ongoing HR advice from your dedicated People Advisory team, along with timely updates as the situation evolves.
Further information
This is a sensitive and evolving area of law, and schools should remain alert to updates, particularly if the EHRC’s interim guidance is revised or formalised. While the ruling clarifies how “sex” should be interpreted under the Equality Act, the practical application may vary depending on individual circumstances. Schools must balance legal compliance with their duty of care and should seek specialist advice where complex issues arise. For ongoing updates, policy templates, and bespoke support, please contact your HR adviser or refer to the EHRC and government guidance linked below.
Key points
- Legal definition of sex: “Woman” and “man” under the EqA refer to biological sex, even if a GRC is held.
- EHRC interim guidance: Schools must enforce single-sex spaces based on biological sex.
- Trans rights remain protected: The Equality Act continues to prohibit discrimination, harassment, and victimisation on the basis of gender reassignment.
- Schools must adapt: Facilities access, policies, training, and communications should all be reviewed in light of the ruling.
- Support and sensitivity are crucial: The legal position must be implemented with care to protect the dignity and mental health of transgender individuals.
Useful Links
• Supreme Court Judgment Summary – For Women Scotland v The Scottish Ministers
• Equality and Human Rights Commission Interim Guidance for Employers
• GOV.UK – Equality Act 2010 Guidance
• ACAS – Advice on Transgender Inclusion