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On April 16 2025, the UK Supreme Court handed down a unanimous judgment in the case of For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. The Court allowed the appeal, holding that within the meaning of the Equality Act 2010, sex refers to “biological sex”. While the Court in its judgment emphasised that this interpretation would not have the effect of disadvantaging or removing important protection for trans people, the judgment has led to widespread commentary about the treatment and inclusion of trans people in everyday life. The Equality and Human Rights Commission has announced an interim update about the practical implications of the judgment with some employers and organisations announcing changes of policies already in response.
Crash Wigley, a member of our public law team specialising in public, equality and human rights law, reflects on this ruling in an article for the UK Constitutional Law Association and recently discussed the judgment at a parliamentary briefing on trans equality held on 14 May. The briefing, organised by the Trans+ Solidarity Alliance, featured an all-trans+ panel of legal experts.
Alex Goodman KC and Crash Wigley are instructed by the Good Law Project in its challenge to the Equality and Human Rights Commission's (EHRC) interim update. Visit the Good Law Project’s website to read about the case and the pre-action letter sent to the EHRC here - We’re bringing a legal challenge to the EHRC’s ‘Interim Update’
