A month after the UK Supreme Court clarified that ‘sex’ in the Equality Act 2010 refers to biological sex, the full impact of the ruling remains uncertain.
While trans people remain protected by the Equality Act 2010 under ‘gender reassignment’, we are waiting for further guidance from the Equality and Human Rights Commission (EHRC), with a full Code of Practice expected to be announced by the end of June.
Innovate Trust remains committed to equality, diversity, and inclusion (EDI). We encourage respect for all identities while reviewing policies in line with official guidance.
Our employees, volunteers, and supported individuals are urged to access available support resources, and a survey has been launched internally to gather concerns and questions about the ruling’s implications.
What does this mean?
As many of you are aware, on the 16th April 2025, the UK Supreme Court ruled that the protected characteristic of ‘sex’ in the Equality Act 2010 refers to biological sex, not acquired gender or certificated legal sex recognised through a Gender Recognition Certificate (GRC).
Therefore, the Act defines a ‘woman’ as a biological woman or girl (a person registered female at birth) and a ‘man’ as a biological man or boy (a person registered male at birth).
However, ‘gender reassignment’ is a protected characteristic under the Act and therefore trans people are legally protected from discrimination, harassment, and victimisation.
Why was this clarification made?
This clarification was made following the For Women Scotland Ltd v The Scottish Ministers case, as the Scottish government published guidance interpreting that the term ‘woman’ included some trans women in legislation about public boards that aimed to improve gender representation.
Please note, this clarification was made in relation to the Equality Act 2010 only, not wider legislation. Find out more about the Supreme Court judgment on the meaning of “sex” in the Equality Act 2010: For Women Scotland.
What happens next?
The UK government has accepted the ruling, but we await statutory and non-statutory guidance from the EHRC. An updated Code of Practice is anticipated by the end of June.
At this stage, the practical implications of the ruling remain unclear. While the EHRC has published an interim update, further direction is needed before any necessary policy reviews take place.
We have not made any changes to policies or procedures in response to the ruling. But, will do so as required once official guidance is released
Our position
We recognise that employees, volunteers, and supported individuals are from diverse backgrounds and have intersectional identities including different gender identities, beliefs, and views and therefore will have different attitudes towards this ruling.
As an organisation supporting people with learning disabilities, we remain committed to fostering an inclusive, respectful, and supportive environment.
The Supreme Court itself has emphasised that this ruling should not be seen as a victory for one group over another within society.
Innovate Trust’s commitment
As an organisation that supports people with learning disabilities, EDI is at the core of everything we do.
Innovate Trust is passionate about ensuring everyone is treated with dignity and respect. We want everyone to receive the support that they require.
We also recognise that this ruling may raise questions and concerns among our employees. This is especially true regarding the significant impact this ruling has to the trans, non-binary and intersex people within our community. Innovate Trust remains committed to supporting all our teams, ensuring an inclusive and respectful workplace.
Innovate Trust remains dedicated to upholding its zero-tolerance policy against discrimination, harassment, or bullying. We have ample resources to support our LGBTQIA+ employees. We are also supporting our teams with their questions and concerns about the Supreme Court’s clarification.
Innovate Trust will be reviewing policies and procedures following official guidance from the government as required and we will do this with respect of all identities, beliefs, and protected characteristics.
Employees, volunteers, and supported individuals are encouraged to continue treating one another with dignity and respect, ensuring personal views do not affect the support provided to individuals.
Relevant articles and information about the Supreme Court ruling
Supreme Court judgement on the meaning of ‘sex’ in the Equality Act 2010: For Women Scotland
For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent)
EHRC: An interim update on the practical implications of the UK Supreme Court judgment
CIPD: Supreme Court clarifies definition of “sex” in Equality Act
