Following the judgment, the Equality & Human Rights Commission has published an interim update on the practical implications of the UK Supreme Court judgment to highlight the main consequences of the judgment, primarily that:
The Supreme Court ruled that in the Equality Act 2010 (the Act), ‘sex’ means biological sex.
This means that, under the Act:
- A ‘woman’ is a biological woman or girl (a person born female)
- A ‘man’ is a biological man or boy (a person born male)
If somebody identifies as trans, they do not change sex for the purposes of the Act, even if they have a Gender Recognition Certificate (GRC).
- A trans woman is a biological man
- A trans man is a biological woman
An updated code of practice to provide guidance on implementing the court’s decision, from the Equality & Human Rights Commission, is expected to be submitted to the government, for ministerial approval, by the end of June 2025.
Barclays is one of the first companies to announce a change to their bathroom policy, stating that they will prohibit trans women from using female bathrooms in their buildings, to ensure compliance with the law. However, Barclays have stated that they are committed to providing an inclusive working environment where everyone feels comfortable and has the opportunity for personal expression.
Following the judgment, Britain’s first known transgender judge, Victoria McCloud, has announced her intention to take the UK to the European Court of Human Rights over the court’s ruling, citing infringement of her Article 6 rights (which protects an individual’s right to a fair trial). McCloud, and other campaigners, will seek a declaration that the actions of the UK government and Supreme Court violate their fundamental human rights.