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ARTICLE · 16 MAY 2025

Employment Update May 2025

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On 16 April 2025, the Supreme Court handed down a ruling on the meaning of "sex" within UK equalities legislation. The decision (For Women Scotland Ltd v Scottish Ministers)...

United KingdomEmployment and HR
Tim Gilbert
Tim Gilbert
Siân Keall
Siân Keall
Ed Mills
Ed Mills
Adam Wyman
Adam Wyman
Ailie Murray
Ailie Murray
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1 In the News

SUPREME COURT GENDER RULING

On 16 April 2025, the Supreme Court handed down a ruling on the meaning of "sex" within UK equalities legislation. The decision (For Women Scotland Ltd v Scottish Ministers) has been widely reported and generated much debate. It also raises complex practical issues for employers, including how to classify gender for the purposes of workplace diversity initiatives and workplace facilities such as toilets and changing rooms.

In response to the ruling, the Equality and Human Rights Commission (EHRC) has published an interim update on the practical implications (with final revised guidance expected in the next few weeks). The EHRC advises that employers should make single-sex facilities available only to those of the same biological sex and, where possible, provide additional mixed-sex facilities. However, the guidance leaves a number of questions unanswered, including how

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