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02 May 2025 / Nicholas Dobson
Issue: 8114 / Categories: Features , Equality , Discrimination , Diversity
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Equality Act 2010—‘man’, ‘woman’ & ‘sex’ defined

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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