EHRC issues interim guidance on practical implications of Supreme Court case

28 April 2025 3 min read

By Katie Davies

At a glance

On 16 April 2025, the Supreme Court ruled on the meaning of 'woman', 'man' and 'sex, for the purposes of the Equality Act 2010 (EqA).
The judgment has raised a significant number of practical questions.
The Equality and Human Rights Commission (EHRC) has now issued interim guidance to provide clarification on the practical implications for workplaces.
The EHRC's Code of Practice and other guidance will be fully updated in due course.

Recently, we highlighted the Supreme Court's decision in For Women Scotland Ltd v The Scottish Ministers which ruled on the meaning of 'woman', 'man' and 'sex', for the purposes of the EqA. Please click here for our earlier article.

This case has received widespread attention and raised a significant number of practical questions. In an attempt to provide some clarity, the EHRC has now issued interim guidance: An interim update on the practical implications of the UK Supreme Court judgment.

Acknowledging that the judgment has implications for many organisation including workplaces, the guidance states that the effect of the ruling is that, under the EqA:

A ‘woman’ is a biological woman or girl (a person born female).
A ‘man’ is a biological man or boy (a person born male).

If somebody identifies as trans, they do not change sex for the purposes of the EqA, even if they have a Gender Recognition Certificate (GRC). This means:

A trans woman is a biological man.
A trans man is a biological woman.

Of particular interest to employers, the guidance also provides:

In workplaces, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.

The guidance also states:

Trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex.
In some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities.
However, where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use.
Where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided.
Where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by either women or men.

The EHRC is now working to update its Code of Practice, with the aim of having this ready for ministerial approval by the end of June 2025.

It is also going to undertake a short two-week public consultation in mid-May to understand how the practical implications of the judgment may be best reflected in its updated guidance. However, the EHRC will not be seeking views on the legal aspects, which it says have been made clear by the Supreme Court.