Councillor Macdonald

August 25, 2025 Awaiting outcome View on council website
Full council record
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.

Details

OutcomeFor Determination
Decision date25 Aug 2025