The Ground Beneath ‘Sex’ Just Shifted — Don’t Let Your Workplace Culture Collapse

How Employers Can Support Trans Employees Following the Supreme Court’s Reinterpretation of “Sex”

In April 2025, the UK Supreme Court handed down a landmark ruling that clarified the meaning of “sex” under the Equality Act 2010. The Court ruled that for the purposes of the Act, “sex” means "biological" sex. This means that a woman is defined as a "biological" female, a man is a "biological" male. We still await final guidance, commissioned by the Secretary of State from the Equality and Human Rights Commission, but it seems likely that when published, it will suggest that trans women and men with, or without a Gender Recognition Certificate (GRC) should no longer be permitted access to single-sex spaces in the gender they have acquired or, in certain circumstances, in the gender they were assigned at birth.

The implications are significant, particularly for single-sex spaces such as toilets, changing rooms, and for the provision of certain women-only services. However, gender reassignment remains a protected characteristic, and transgender people are still legally protected from discrimination under the Equality Act.

So what does this mean for employers?

The law, unless the government legislates, giving effect to the EHRC's guidance, has not changed, even if the political landscape may have shifted, the Supreme Court's judgment is an interpretation of the law which is open to and will be appealed, but whether or not you choose to ignore the guidance until specifically enacted as law, you have a responsibility to foster a safe, inclusive workplace has not. Here’s how to support your trans and cis employees in a way that aligns with both the expected guidance and your values.

1. Review Your Facilities with Inclusion in Mind

You may now have legal grounds to restrict access to certain spaces based on biological sex. However, inclusion doesn’t require removing access — it calls for creating choice.

Where possible, introduce:

• Gender-neutral toilets or private facilities

• Clear, neutral signage (e.g. “Toilet with sanitary bin” or “Toilet with urinal”)

• Even if you have no employees who may directly be affected, ensure that trans visitors and guests are not then left with nowhere to "go".

Providing options helps all staff feel more comfortable and safe — especially those who may feel vulnerable navigating gendered spaces.

It is expected that the EHRC will guide that duty-bearers provide a single-sex facility for "biological" women which excludes trans women and which may also exclude trans men ("biological" women). If this is the case then in order to comply, you have only to provide one toilet or changing space which is not gender-neutral; the location of that space will be for you to determine unless the EHRC guidance specifies otherwise.

2. Update Internal Policies to Reflect the Law — and Your Culture

Now is the time to review your workplace policies, especially around facilities, dress code, and inclusivity. Make it clear that:

• You understand the legal distinction between biological sex and gender identity

• You remain committed to protecting employees from discrimination or harassment based on sex OR gender reassignment

• Trans employees are supported and respected in your workplace

Clarity breeds confidence — for both your employees and your leadership team.

3. Train Managers to Handle Sensitive Issues

Legal rulings don’t always translate easily into everyday team dynamics. Equip your managers with practical training on:

• Understanding the definitions of sex and gender identity

• Responding appropriately to concerns or questions about facilities or inclusion

• Supporting gender-critical, vulnerable and trans employees alike, with empathy, even when policies are complex

The EHRC guidance may suggest limits, but your people set the tone, allow them to provide the guidance as to their own working environment. Make sure your team knows how to lead with respect.

4. Provide a Safe Channel for Trans Employees to Speak Up

This ruling may leave some staff feeling anxious, isolated, or even unsafe. Be proactive:

• Offer private, voluntary check-ins with HR or leadership

• Remind staff of any Employee Assistance Programmes (EAPs) that offer cis women or LGBTQ+ support

• Provide anonymous ways to raise concerns or suggest improvements

Let your people know: You see them. You’re listening. And you’re willing to adapt.

5. Keep Inclusion at the Heart of Your Culture

This ruling may have changed the legal interpretation of “sex,” but it isn't yet "law" and doesn’t change your authority (or duty of care) to create a workplace where everyone feels welcome. Continue to:

• Celebrate diversity and LGBTQ+ awareness events

• Include trans and gender-critical voices in your internal communications or panels

• Make inclusion a lived experience, not just a policy

It’s one thing to avoid discrimination. It’s another to actively foster belonging.

Final Thoughts

The Supreme Court ruling has provided one interpretation of how the law sees sex which may prove authoritative — but you define what inclusion looks like in your business.

Trans employees are still protected, still valuable, and still here. And in the wake of this decision, they need to hear — clearly and reassuringly — that they still belong.

Despite presentation by the media otherwise, this is likely to remain an area of uncertainty for a while, yet. If you're unsure how to navigate this shift, seek advice from an HR specialist or equality and diversity consultant. Getting it right matters — not just legally, but humanely.

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