Irwin Mitchell Explain Ruling’s Impact On Employment Practices

The Supreme Court will deliver its judgment this Wednesday (16 April) in a case that could significantly influence employment practices and workplace equality across various sectors in the UK, according to law firm Irwin Mitchell.

The For Women Scotland v The Scottish Ministers case examines the interpretation of "sex" under the Equality Act 2010 and whether it is modified by the acquisition of a Gender Recognition Certificate (GRC).

This ruling is particularly relevant for employers relying on single-sex exemptions which enable them to lawfully restrict certain roles to individuals of a specific sex in scenarios where privacy, safety, or wellbeing considerations apply.

Irwin Mitchell emphasise that clarity on the legal interpretation of "sex" is crucial for employers to navigate these provisions confidently and lawfully. Examples of roles that could be impacted include:

• Counsellors or therapists working with survivors of sexual violence, where biological sex may be a sensitive factor.
• Healthcare professionals performing intimate examinations where the patient asks for their clinician to be of a particular sex.
• Prison staff who are required to undertake intimate searches.
• Fitness trainers or instructors in single-sex gyms or classes, where privacy and comfort are key considerations.
• Care workers in environments like elderly care homes, where residents may prefer caregivers of a specific sex for personal care tasks.
• Retail assistants in single-sex clothing stores or departments, where fitting room assistance might require staff of a particular sex.

  Expert Opinion

  "This judgment has the potential to address the current legal ambiguity around whether “sex” in the Equality Act means a person’s biological sex, or their legal sex, and ensure that decisions made by employers regarding single-sex roles are both fair and legally sound.” Jo Moseley, an employment law expert at Irwin Mitchell.