Equalities watchdog to work “at pace” to incorporate Supreme Court ruling on gender and Equality Act into revised Code of Practice

The chairwoman of the Equality and Human Rights Commission has said the regulator will be “working at pace” to incorporate into its revised Code of Practice the implications of this week’s Supreme Court landmark ruling on gender recognition certificates and the definition of ‘sex’, ‘man’ and ‘woman’ in the Equality Act 2010.

A revised Code of Practice, which is designed to support service providers, public bodies and associations to understand their duties under the Equality Act and put them into practice, is expected to be laid before Parliament before the summer recess, according to Baroness Kishwer Falkner.

At issue before the Supreme Court was whether a person with a full gender recognition certificate, which recognises that their gender is female, a “woman” for the purposes of the 2010 Act.

Unanimously allowing the appeal, the Supreme Court held in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 that the terms “man”, “woman” and “sex” in the EA 2010 refer to biological sex. [The press summary is available here]

Responding to the Supreme Court’s ruling, Baroness Falkner said: “This judgment from the Supreme Court has significant implications for the interpretation of Britain’s equality laws. We welcome the clarity this ruling brings; its importance to those whose rights are affected under the Equality Act cannot be overstated.

“The central issue raised by this appeal was how ‘sex’, ‘man’ and ‘woman’ are defined in the Act. Our submission to the Court highlighted significant problems with the practical application of a definition of ‘sex’ which allowed those who have acquired a Gender Recognition Certificate (GRC) to be treated as their certified sex in the Equality Act. These inconsistencies impaired the proper functioning of the Act and risked jeopardising the rights and interests of women and same-sex attracted people.

“This judgment resolves the difficulties we highlighted in our submission to the court and in our advice to the former Minister for Women and Equalities more than two years ago. These include the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations."

She added the EHRC would take the outcome of the appeal into account in its ongoing work as the regulator of the Equality Act, including in its revised Code of Practice.

Baroness Falkner also said that where the judgment impacts upon the Commission’s other advice for duty-bearers, such as its single-sex services guidance, it would review it as a matter of urgency and alert users to where guidance has been withdrawn or needs to be updated.

“In the meantime, the EHRC will continue to exercise its statutory duties to regulate and enforce the Equality Act 2010, ensuring protection for all protected characteristics including those of sex, gender reassignment and sexual orientation. We remain committed to promoting equality and tackling discrimination in all its forms.”