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Beyond the binary

06 June 2025 / Dr Nathan Tamblyn
Issue: 8119 / Categories: Features , Equality , Diversity , Human rights , Discrimination
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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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NEWS
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Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
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