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Chambers & Partners
16/04/2025

Supreme Court rules that “sex” in the Equality Act 2010 means biological sex

News, Employment & discrimination

On 16th April 2025, the Supreme Court handed down judgment on For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) [2025] UKSC 16, allowing the appeal. It held that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex.

Spencer Keen acted for the successful appellant, For Women Scotland, instructed by Balfour + Manson.

Ben Cooper KC acted for Sex Matters, one of the interveners in this case, instructed by Gilson Gray. The Court upheld his submissions, stating:

“35. We are grateful to the interveners for their contributions. We are particularly grateful to Ben Cooper KC for his written and oral submissions on behalf of Sex Matters, which gave focus and structure to the argument that “sex”, “man” and “woman” should be given a biological meaning, and who was able effectively to address the questions posed by members of the court in the hour he had to make his submissions.”

To read the full judgment, please click here.

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