Mick Hartley

The Supreme Court ruled that in the Equality Act 2010 (the Act), ‘sex’ means biological sex.

This means that, under the Act:

• • 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 Act, even if they have a Gender Recognition Certificate (GRC).

• • A trans woman is a biological man

  • A trans man is a biological woman

This judgment has implications for many organisations, including:

• • workplaces

  • services that are open to the public, such as hospitals, shops, restaurants, leisure facilities, refuges and counselling services

  • sporting bodies

  • schools

  • associations (groups or clubs of more than 25 people which have rules of membership)

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.