The UK Supreme Court delivered a significant ruling on 16 April 2025, in the case of For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. The Court unanimously held that, under the Equality Act 2010, the terms “man,” “woman,” and “sex” refer specifically to biological sex, not gender identity.

This judgment is undoubtedly significant and has, unsurprisingly, sparked a wave of discussion across the HR and wider business community.

In this blog, Kate Matthews, Director of EST’s HR division, offers some clarity on what this means — and, importantly, what it does not mean — for workplace inclusion.

What the Ruling Said

The court clarified that, for the purposes of the Equality Act 2010, “man” and “woman” refer to biological sex. The judges stated that this binary definition is necessary for legal clarity, especially when it comes to applying sex-based protections in law.

The court acknowledged that including additional or alternative definitions (such as gender identity or gender reassignment) under the same terminology would risk creating legal confusion.

However, and this is crucial to understand, the court made clear that this decision was not intended to ‘take sides’ in broader cultural debates around gender identity or transgender rights. Instead, the ruling focused solely on keeping legal definitions as clear and consistent as possible was necessary to ensure the Act remains workable in practice.

Legal Clarity Does Not Mean Exclusion

This ruling does not give license to exclude, marginalise, or diminish the rights of transgender, non-binary, or gender-diverse people. The Equality Act continues to protect individuals from discrimination on the grounds of gender reassignment, among other characteristics. These protections remain firmly in place.

Many incidents of workplace discrimination or exclusion are not about legal definitions but about the lived experiences of individuals. Whether someone is misgendered, excluded from conversations, denied progression, or made to feel unwelcome all have a profound impact on wellbeing and equality at work.

What This Means for Employers

For HR professionals and employers, this means that our obligations to support and protect all employees — regardless of gender identity — are unchanged.  My advice remains consistent:

Continue to respect gender identity in the workplace:

use people’s correct names and pronouns. Ensure facilities and processes are inclusive and take proactive steps to remove barriers.

Review your policies:

this is a good time to check your existing policies and procedures to ensure they still reflect your organisation’s values, but there’s no need for dramatic change if you’re already following inclusive best practice.

Train managers and wider teams:

Foster understanding of the law and empathy for people’s experiences.  Encourage open, respectful conversations and listen to the lived experiences of all employees.

Recognise that legal compliance is a baseline:

while the law sets minimum expectations, truly inclusive organisations go far beyond the legal minimums to create cultures where people feel they can be their authentic selves.

Lead with compassion and integrity:

creating this kind of culture doesn’t happen by accident. It requires intention, education, and accountability – foster an environment where everyone, regardless of sex, gender identity, ethnicity, disability, religion, or background, feels valued, heard, and able to thrive.

How can our HR team help?

Our highly qualified and expert HR team can offer support to businesses in navigating the implementation of difficult and challenging strategies.

We offer training suitable for all employees, at any level, within an organisation.  Our Equality, Diversity and Inclusion (EDI) – Raising Awareness and Preventing Bullying and Harassment at Work session focuses on raising awareness of EDI and preventing bullying and harassment in the workplace.  Attendees will gain an understanding of the topic area and what to do if a problem arises.  Particular emphasis will be given to preventing sexual harassment in line with new legal requirements.

We can also provide up to date policies to ensure your organisation is EDI compliant.

Please contact our HR team if you would like more information about this or any other support in respect of HR or organisational and management development 02921 303888 or hrsupport@est-group.co.uk