On 16 April 2025, the Supreme Court ruled that the definition ‘sex’ within the Equality Act 2010 means ‘biological sex’.
The Equality and Human Rights Commission (EHRC) are working to issue updated statutory guidance which will affect workplace policy.
What does this mean in legal terms?
The ruling means that under the Equality Act 2010 a ‘woman’ is a ‘biological woman’ and a ‘man’ is a ‘biological man’.
This means that people who identify as transgender, even those with a Gender Recognition Certificate (GRC), will defer to their sex assigned at birth; a trans woman is a biological man, and a trans man is a biological woman.
This appears to overrule the Gender Recognition Act 2004 which allows transgender people to obtain legal recognition of their acquired gender.
The implications of the ruling are being explored by legal experts, however, the EHRC suggests that the guidance on same-sex spaces, such as changing rooms and toilets, could become trans-exclusive rather than trans-inclusive.
However, under current law, this is not yet something we need to enact.
For many years, The Wallich has employed people and supported service users who identify as trans or non-binary and other members of the LGBTQIA+ community.
It’s a small, but steady number of people. Whilst a minority, every person in The Wallich Community has the right to live free from discrimination and respected for who they are and while living authentically and unapologetically. We understand that people will have a variety of beliefs and opinions around the court ruling. In line with our value of community, we will continue to strive to create an inclusive environment for all where people are treated with dignity and respect.
What’s next?
We will be keeping up to date with any changes to workplace policies, as well as taking part in the EHRC consultation regarding the updated statutory guidance.
We are a member organisation of Tai Pawb, and will continue to follow their statements and guidance as the implications of the ruling develop.
Our values are at the heart of everything we do at The Wallich. We will show compassion and embrace the community in which we serve. We will show courage in speaking up against discrimination.