What the Supreme Court’s ruling on biological sex means for HR – and why it matters
In a landmark judgment, the UK Supreme Court has ruled that the legal definition of “woman” should be based on biological sex under the Equality Act 2010. While this decision might appear clear-cut on the surface, it raises complex and sensitive questions for employers – especially those striving to create inclusive and respectful workplaces.
As HR professionals, we’re now tasked with navigating the implications of this ruling, while continuing to support all employees, including those who are transgender or non-binary.
And the reality is, this ruling will have damaging consequences. It risks reducing gender to biology alone and may invalidate the lived experience and identity of transgender people. At worst, it could lead to exclusion, distress, and legal grey areas that employers need to tread carefully.
Furthermore, this will negatively affect cis women too. If a cis woman doesn’t present in a way that aligns with stereotypical femininity, whether by choice or due to a health condition that affects frame and appearance, this ruling leaves her vulnerable to discrimination. And under the new legal framing, unless she can prove she is “really” a biological female, there may be little legal protection available.
Overall, this shift risks making workplaces less safe and less fair for everyone. So, how can you lead with clarity, care, and confidence? Here’s where to start.
Key HR considerations
1. Revisit your policies
Ensure your equality, diversity, and inclusion policies reflect this ruling – without undermining your commitment to protecting and supporting trans colleagues. Be clear that protection under the Equality Act 2010 for gender reassignment still stands.
2. Train with compassion
Offer training to your HR team, managers, and wider workforce. Help them understand the legal shifts, but also the emotional impact these may have on trans and non-binary employees. Kindness, understanding, and consistency are key.
3. Review single-sex spaces
If your workplace has gendered facilities like toilets or changing rooms, you may need to reassess access. But don’t forget: inclusion and dignity must stay at the heart of any changes. A thoughtful review is better than a knee-jerk reaction.
4. Support your trans employees
This ruling may feel like a step backwards for many. Now’s the time to check in, offer support, and listen. Do you have visible support systems in place? Are your managers confident in having sensitive conversations?
5. Communicate openly
If you’re making changes, explain why. Set a respectful tone, answer questions honestly, and acknowledge that this is a sensitive issue with real-world impact.
6. Be cautious with pay equality
The ruling could have implications for equal pay claims, particularly where a trans woman is seeking to compare herself to a biological male. This could be seen as a legal setback, making some protections harder to access. Speak to legal experts if you’re unsure how this might affect your approach to equal pay.
7. Champion inclusion
Now more than ever, inclusion needs to be proactive. Create spaces where people can speak up, be heard, and feel respected regardless of how they identify.
Why this ruling is a step backwards for inclusion
While some see this decision as a clarification, it risks reinforcing binary thinking and excluding people who don’t fit neatly into “male” or “female” boxes. In the workplace, this could lead to fear, marginalisation, or even a reduction in the progress many businesses have worked so hard to make.
It’s vital HR professionals lead with empathy and clarity, balancing legal compliance with unwavering respect for people’s identities.
If you’re unsure how this ruling applies in your workplace or want help ensuring your approach is inclusive, speak to the Policy Team.
