Supreme Court FWS-UKSC-2025 Primary Settled

For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

[2025] UKSC 16 2025 England wales scotland ni
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Contains public-sector information licensed under the Open Government Licence v3.0. Commentary and analysis © 2026 SEE Change Happen Ltd.


What This Authority Covers

The UK Supreme Court unanimously held that references to 'sex' and related terms ('man', 'woman') in the Equality Act 2010 refer to biological sex, not legal sex as modified by a GRC under the Gender Recognition Act 2004. This means that a trans woman with a GRC is legally female for many purposes but remains biologically male for the purposes of EA2010 sex-based provisions, including single-sex exceptions and the Public Sector Equality Duty.

When Relevant

Central to all current trans inclusion policy design. Affects: single-sex facility access policies, PSED assessments, competitive sport, data collection by sex, service provision exceptions. Does NOT remove protection from discrimination because of gender reassignment — that remains fully in force.


Key Provisions

  • holding-1 Dual
    Sex in EA2010 means biological sex

    The Supreme Court held that "sex" in the Equality Act 2010 means biological sex — chromosomal/gonadal sex at birth or conception — not legal sex as modified by a Gender Recognition Certificate.

  • holding-2 Dual
    A GRC does not change a person's sex for EA2010 purposes

    A Gender Recognition Certificate does not change a person's sex for the purposes of the Equality Act 2010. The GRC changes legal sex for most purposes under the GRA 2004, but not the EA2010 definition.

  • holding-3 Respondent
    Single-sex exceptions (Schedule 3, Part 7) operate by reference to biological sex

    Single-sex exceptions under Schedule 3, Part 7 of the Equality Act operate by reference to biological sex, not legal or self-identified gender.

  • holding-4 Framework
    The PSED (s.149) duty regarding sex relates to biological sex

    The Public Sector Equality Duty under s.149 regarding sex relates to biological sex. Public authorities must have due regard to the needs of people grouped by biological sex.

  • Gender reassignment protection under s.7 is unaffected Claimant
    remains a protected characteristic

    Gender reassignment protection under s.7 is unaffected by the FWS judgment — it remains a protected characteristic in its own right, independent of the biological sex definition.


Current Status & Context

Landmark Supreme Court ruling that 'sex' in the Equality Act 2010 means biological sex and is not modified by holding a Gender Recognition Certificate. This narrows the effect of a GRC for the purposes of single-sex exceptions and the PSED. The EHRC is revising its statutory codes of practice in light of this judgment. Significant ongoing consequences for workplace policies, single-sex services, and trans inclusion frameworks.