The Supreme Court’s gender ruling is set to have implications for recruiters and employers as employers will need to review their work on equality within their businesses and processes. In their ruling the UK’s highest court has unanimously ruled that the terms woman and sex in the Equality Act “refer to a biological woman and biological sex”. Giving the unanimous decision of the judges, Lord Hodge warned against reading the judgement as a “triumph of one or more groups in our society at the expense of another”.
Peter Cheese, chief executive of the CIPD, the professional body for HR and people development, commented: “We welcome the clarification from today’s Supreme Court ruling which sets out that the Equality Act’s definition of a woman is based on biological sex. This will provide further understanding for individuals and organisations in what has been a difficult area for employers to interpret and find the right balance, recognising the rights and beliefs that need to be upheld for all.”
The ruling emerged as the result of a legal battle between the Scottish government and campaign group For Women Scotland, when the group complained that transgender people would be included in quotas designed to give gender balance on public sector boards.
Cheese went on to say: “Employers will need to ensure that their policies and approaches are up to date with today’s legal clarification of the position in the UK. However, there will remain legal and practical issues for employers to work through to support inclusion, dignity, and fairness at work and ensure all colleagues are protected from discrimination and harassment.
“We hope that today’s ruling will simplify some of the guidance and discussion in this space and as the CIPD, we are updating our own content and resources for HR professionals where needed.”
