On 18 June 2025, IP Out were joined by highly respected barrister Robin White (Old Square Chambers) to examine the recent UK Supreme Court (UKSC) ruling in For Women Scotland Ltd v The Scottish Ministers and its implications for organisations. Robin brought a wealth of experience in employment law, with particular expertise in discrimination and HR advisory matters.
You can watch a recording of the session and read on for our summary of the highlights.
What did the webinar cover?
In this session, Robin talked about the UKSC’s decision, which ruled that the term “woman” in the context of the UK Equality Act 2010 excluded trans women with a Gender Recognition Certificate. Although narrow in legal scope, the ruling is already having significant – and potentially unintended – effects on the rights and day-to-day experiences of trans and non-binary individuals, as well as non-gender conforming cis (non-trans) people.
This session was designed to help organisations understand the implications of the judgment and explore how best to respond. In addition to explaining the decision, Robin outlined strategies for:
- Ensuring compliance with the Equality Act 2010
- Maintaining inclusive and respectful practices for all employees
- Addressing misinformation and reducing discrimination in the workplace.
Robin’s list of sources and resources provides an excellent accompaniment to the webinar highlighting:
- the relevant legislation –
- Equality Act 2010
- Gender Recognition Act 2004
- European Convention on Human Rights
- Workplace (Health, Safety and Welfare) Regulations 1992;
- the relevant case law;
- two articles she has written –
- the first criticising the UK Supreme Court judgment (“A Supremely Poor Job”), and
- the second explaining how a proposed small amendment to the Equality Act 2010 could provide a simple solution to the unclear position that service providers and employers now find themselves in (“Clearing up the mess…”).
Robin encouraged employers to think through how the UKSC judgement impacts them, making clear how unworkable the current position is, both for employers and service providers. She explained that the Equality and Human Rights Commission (EHRC) is consulting on recent updates to its Code of Practice. The consultation closed on 30 June 2025 and we are now waiting for the updated code to be published.
How can allies respond?
- If you value your LGBTQAI+ people / employees / colleagues, then make changes to support them. See IP Out’s Trans and non-binary inclusivity toolkit for ideas and suggestions.
- Lobby your MP for the change proposed in Robin’s “Clearing up the mess…” article.
- Consider signing the petition Not in our name: Women in support of the trans+ community.
Resources
Robin’s list of sources and resources
IP Out’s Trans and non-binary inclusivity toolkit
Please Get In Touch
You can contact IP Out by email at [email protected]
You can contact IP Inclusive by email at [email protected]