header-logo header-logo

02 May 2025 / Nicholas Dobson
Issue: 8114 / Categories: Features , Equality , Discrimination , Diversity
printer mail-detail

Equality Act 2010—‘man’, ‘woman’ & ‘sex’ defined

217270
Nicholas Dobson examines the reasoning behind the Supreme Court’s recent decision on sex & gender
  • Looks at the Supreme Court’s judgment in For Women Scotland v Scottish Ministers.
  • The terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex.

On 16 April 2025, the Supreme Court conducted a major exercise in statutory interpretation. For its judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 focused on establishing the correct meaning of ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 (EqA 2010). And the court’s unanimous decision was that these terms refer to biological sex. Lord Hodge, Lady Rose and Lady Simler gave a joint judgment, with which the other justices agreed.

As the court explained in opening its long judgment, EqA 2010 ‘seeks to give statutory protection to people who are at risk of suffering from unlawful discrimination’. For while woman have historically suffered discrimination and, since the Sex Discrimination Act

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll