The Supreme Court’s Judgment last week confirming that the definition of sex within the Equality Act refers to biological sex and not acquired gender is already having significant implications for employers and businesses.
In the first published Judgment of its kind since the Supreme Court’s finding, a Judge has ordered that Scottish schools must provide single-sex toilets for students. The local authority had installed only gender neutral toilets at the school which had only recently opened and now must take steps to change this after a claim brought by parents at the school. The Council conceded the claim following the Supreme Court’s findings.
Government bodies and many employers are now hastily revisiting their policies and procedures to ensure that they reflect the Supreme Court’s findings and ensuring that they comply with their obligations to provide single-sex facilities.
Importantly the Court did recognise that transgender men and women are still entitled to protection from less favourable treatment under the Equality Act. As employers seek to rebalance their policies it will be important to recognise that balances still need to be kept between the rights of biological men and women and those who have acquired a different gender.
Nockolds’ Employment Team is assisting a number of employers with the implications of this complex and highly sensitive area of law.
For further information please contact us on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.