UK: “For Women Scotland” Supreme Court Decision: Repercussions Still Ongoing

Authors: Graham Mitchell, Sophie Jackson, and Charlotte Stern

The Supreme Court’s decision on the meaning of ‘sex’, ‘man’ and ‘woman’ in the Equality Act 2010 continues to have a ripple effect.

Following the conclusion of a 6-week consultation process, the Equality and Human Rights Commission (EHRC) has provided its final updated Code of Practice on services, public functions and associations to the government for approval. It will now be considered by the government.

The guidance has not been shared publicly but it does not appear to cover private employers who do not provide services to the public.

Separately, a recent decision in the County Court has followed the “For Women Scotland” principles and concluded that a trans woman who was excluded from female-only eight-ball pool competitions by a sporting association, which limited participation to players who were female at birth, could not claim to have been discriminated against on grounds of her gender reassignment and so could be validly excluded from the competition.

Note also that the Sandy Peggie v Fife NHS Employment Tribunal case (in which a nurse claimed she was subjected to unlawful harassment under the Equality Act 2010 by being made to share a changing room with a transgender woman) has recently heard final submissions. A Judgment is likely to be issued by the end of this year.

Key Action Points for Human Resources and In-house Counsel

It is likely that there will be further developments in this area soon and we will keep you up to date.