A controversial yet popular topic of conversation at the moment is the Supreme Court’s recent judgment on the legal definition of a “woman”, in the context of rights and protections under the Equality Act 2010.

The judgment concluded that a “woman” means a person born female. The decision clarifies that biological males, even those with gender recognition certificates, are not legally considered women under the Equality Act.

The Equality and Human Rights Commission (EHRC) has since updated its guidance on the provision of single-sex services and facilities. The EHRC advises:

• Trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities.

• Where separate facilities are available for men and women, steps should be taken to ensure that trans people are not left without access to facilities.

• Where possible, you should consider offering gender-neutral or individual-use facilities, in addition to single-sex ones.

We anticipate that employers may be unsure how to respond, particularly regarding toilet facilities, especially where previous communications have indicated that transgender individuals could use facilities matching their gender identity. This approach may now require reconsideration in light of the judgment.

If you are unsure how this decision may impact your organisation, or if you need advice on reviewing your policies and practices (where necessary), please do not hesitate to contact a member of the employment team at employment@cgprofessional.co.uk - we are here to support.

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