06 June 2025 / Dr Nathan Tamblyn

Issue: 8119 / Categories: Features , Equality , Diversity , Human rights , Discrimination

Beyond the binary

The logical fallacies & practical problems which arise from the Supreme Court’s ruling on sex show that a kinder & more nuanced approach is needed, argues Dr Nathan Tamblyn

How the Equality and Human Rights Commission’s public consultation on the Equality Act 2010 reveals lingering problems with the Supreme Court’s decision about sex in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16.

The Equality and Human Rights Commission (EHRC) has launched a public consultation on updating its code of practice on the Equality Act 2010 (EqA 2010) in light of the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16. It reveals some persisting problems, which in turn suggests the need for legislative reform.

A lack of definitions

The Supreme Court said that ‘sex’ in EqA 2010 meant sex recorded at birth (see Nicholas Dobson’s article on the ruling: ‘Equality Act 2010—“man”, “woman” & “sex” defined’, NLJ, 2 May 2025, p13). They used the term ‘biological’ sex,

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Beyond the binary

Issue: 8119 / Categories: Features , Equality , Diversity , Human rights , Discrimination

The logical fallacies & practical problems which arise from the Supreme Court’s ruling on sex show that a kinder & more nuanced approach is needed, argues Dr Nathan Tamblyn

How the Equality and Human Rights Commission’s public consultation on the Equality Act 2010 reveals lingering problems with the Supreme Court’s decision about sex in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16.

A lack of definitions

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Beyond the binary

A lack of definitions

A lack of definitions

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Browne Jacobson—Vicky Tomlinson

DWF—five appointments

Switalskis—Laura Ornsby