Decision Maker:

Outcome: For Determination

Is Key Decision?: No

Is Callable In?: No

Date of Decision: August 25, 2025

Purpose:

Content: That Committee notes: (i)       on 16 April 2025 the Supreme Court judgement in the For Women Scotland v The Scottish Ministers case was delivered; (ii)       the Supreme Court unanimously agreed the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 mean biological sex i.e. sex recorded at birth,  and holding a Gender Recognition Certificate does not change sex for the purposes of the 2010 Act. The Court also confirmed that trans people are protected from discrimination under the gender reassignment provisions of the Act; (iii)      as a consequence of this judgement, the UK, Welsh and Scottish Governments, regulators and public bodies will now require to review and clarify their policies and guidance as will employers and service providers.  The Equality and Human Rights Commission is in the course of updating statutory  Codes of Practice which will include practical guidance for service providers, associations and those delivering public functions on how they should comply with the Act; (iv)      the ongoing work of Officers to review and update policies and guidance for staff and building managers to ensure compliance with the judgment in For Women Scotland Ltd is noted, as well as the importance of sensitive and inclusive implementation, avoiding unlawful discrimination and maintaining a culture of dignity and respect for all employees and citizens; and (v)      the Council awaits the updated statutory guidance from The Equality and Human Rights Commission and guidance from The Scottish Government to ensure that the changes made to policies and guidance is fully compliant with the Equality Act.