Supreme Court Judgment Explained: Cutting Through The Noise

Introduction

The recent Supreme Court decision in For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) has attracted significant public and media interest. This article aims to cut through the noise by setting out the background to the case, explaining the Supreme Court's ruling, and consider the implications for employers.

Background to the case

The case was brought by campaigners, For Women Scotland, against the Scottish Government in relation to the Gender Representation on Public Boards (Scotland) Act 2018 and the accompanying statutory guidance. The legislation aimed to promote gender equality on public sector boards but concerns were raised over the definition of "woman" in the guidance. This guidance stated that 'woman' included biological women and those proposing to undergo, are undergoing or have undergone gender reassignment.