Introduction
On 16 April 2025, the UK Supreme Court handed down a major ruling in For Women Scotland Ltd v Scottish Ministers. The Court confirmed that “sex” in the Equality Act 2010 refers to biological sex, not the sex stated on a Gender Recognition Certificate (GRC).
This blog, written by David West, Education HR & Employment Law Executive at Juniper Education, is the first in a three-part series designed to help schools digest what the ruling means, what they should consider for their policies and practices, and how it may impact areas such as single-sex facilities, recruitment, and safeguarding.
What did the Supreme Court decide?
The Court concluded that using legal or self-identified sex would make core parts of the Equality Act unworkable. For example, provisions around maternity rights, communal accommodation, and competitive sports are rooted in biological differences.
So going forward:
- A trans woman (born male, with or without a GRC) is not legally classed as a woman for the purposes of sex-based rights or exceptions.
- A trans man (born female) is not legally classed as a man in these same contexts.
The Court clarified that the definition of “sex” must be consistent, clear, and practical, especially for employers, schools and public services.
What are the implications for schools?
This decision applies immediately and affects how schools manage:
Single-sex facilities
Toilets, changing rooms, showers, and dormitories may be separated by biological sex, even if a pupil or staff member holds a GRC. These separations must be justified as proportionate and for a legitimate aim (e.g., privacy or safeguarding).
PE and competitive sports
You may lawfully apply sex-based distinctions in PE or sport where relevant to strength, stamina, or safety. Mixed or inclusive alternatives can still be offered where appropriate.
Positive action and representation
When encouraging women into school leadership, or men into early years roles, only biological sex counts. GRC holders cannot be included in single-sex recruitment or mentoring initiatives under the Equality Act.
Data and monitoring
When collecting sex-disaggregated data, such as for gender pay gap reporting, workforce returns, or census information, schools must now record biological sex, not legal gender.
Safeguarding on school trips
You may separate sleeping and washing arrangements on residentials by biological sex. If this causes distress, reasonable adjustments (e.g., single rooms, extra staff support) should be explored sensitively.
Trans rights remain protected
This ruling does not remove legal protections for trans people. The gender reassignment characteristic remains fully intact under the Equality Act, covering:
- Unfair treatment
- Harassment or bullying
- Victimisation
- Exclusion or dismissal
Schools must continue to provide a safe, respectful, and inclusive environment for trans pupils and staff, and ensure all concerns are managed fairly and lawfully.
Next steps for schools
- Review your policies – especially those referring to sex, gender, facilities, data, and recruitment.
- Conduct risk assessments where single-sex provision is used you must document your proportionality reasoning.
- Update equality objectives and reporting frameworks to reflect the biological sex definition.
- Train staff and governors on the revised legal interpretation of “sex” and what it means in practice.
- Support inclusion by continuing to apply the gender reassignment provisions lawfully and sensitively.
Does your school or Trust need support following the ruling?
If you would like to discuss what the new ruling means for your school or Trust or need support reviewing and updating your policies, our team of experienced Education HR specialists are here to help.
Talk to us today to ensure your school remains compliant, inclusive, and confident in applying the latest legal requirements.
