In For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Supreme Court held that the words ‘sex’, ‘woman’ and ‘man’ in sections 11 and 212(1) of the Equality Act 2010 (EqA 2010) mean biological sex, biological woman and biological man, with the effect that:
• a trans man with a gender recognition certificate (GRC) (a biological female but legally male for those purposes to which section 9(1) of the Gender Recognition Act 2004 (GRA 2004) applies) is a woman for the purposes of EqA 2010, s 11; and
• a trans woman with a GRC (biologically male but legally female for those purposes to which GRA 2004, s 9(1) applies), is a man and not entitled to be treated as a woman under EqA 2010.
Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.