The recent Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers has reignited the debate on sex and gender under UK law.
Of course, despite the decision, there’s no impact on the employment law protections for transgender individuals.
Background
Scottish legislation sought to define “woman” in a way that included transgender women with Gender Recognition Certificates (GRCs). However, the Supreme Court held that for the purposes of the Equality Act 2010, “sex” means biological sex.
This means that a person’s legal sex under the Act does not change even if they have a GRC. The Court made clear that this interpretation applies in contexts where the Act refers to “sex”, including sex discrimination claims and the provision of single-sex services and spaces.
Practical takeaway
Transgender individuals are still protected – the decision does not strip away discrimination and harassment protections. The protected characteristic of gender reassignment remains in place, with broad application. The Act protects individuals who are “proposing to undergo, are undergoing or have undergone a process” of gender reassignment, meaning no medical steps are required for protection to be in place.
Respect and inclusion – now is the time to reinforce your standards and expectations around diversity and inclusion. The Supreme Court decision might prompt discussion, but it has no impact on the duty to treat each other with dignity and respect at work. Seize the opportunity to remind employees of your ED&I and anti-harassment policies, and the standards of behaviour you expect.
Take action – respectful discussion and opinion has its place, but if these views cross the line into harassment and discrimination, swift and consistent action needs to be taken.
Get in touch if you’d like to chat with us about this case or any questions you may have about what it means for your organisation.
Don’t forget, Intelligent Employment has all the inclusivity and anti-harassment policies you need. Plus we’ve got the eLearning to match – get in touch to learn more.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
