Employment Partner Jo Mackie was interviewed on BBC Radio Hereford & Worcester this morning, discussing yesterday’s Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers, in which the UK’s highest court ruled that the legal definition of a woman is based on biological sex.
Jo appeared on BBC Radio Hereford & Worcester, 17 April 2025, and on BBC Radio 5 Live, 26 April 2025.
Jo explained how this decision clarifies policy for companies, and that single sex spaces will now only permit people who were assigned that sex at birth. She discussed how the Equality Act 2010 covers the provision of goods and services, such as public toilets, and while businesses may choose to have gender neutral bathrooms, separated bathrooms may only be used by those who are biologically that sex.
Jo further highlighted that Lord Hodge, the chief presiding judge of the Supreme Court, stated following the court’s decision that he did not want for this ruling to cause more harm than good to transgender people. With high profile tragedies such as the murder of Brianna Ghey, it is clear that trans people continue to face terrible and dangerous discrimination, and Jo stressed that there is a concern that this judgment may further embolden this discrimination.
Ultimately, transgender people remain protected under the Equality Act, Jo continued, and this ruling is a simple clarification on the legal definition of sex.
