Supreme Court Clarifies 'Sex' in Equality Act 2010

Supreme Court decision provides much-needed clarity over the definition of sex for the Equality Act 2010

Today the Supreme Court issued its much-anticipated decision in the case of For Women Scotland v the Scottish Ministers. The Supreme Court held that sex, for the purposes of the Equality Act 2010, means biological sex and does not include those with a Gender Recognition Certificate (GRC) in their acquired gender.  In so holding, the Supreme Court granted the appeal by For Women Scotland and overturned the decision of the Inner House in Scotland, which had found that possession of a GRC changed an individual’s sex for the purposes of the Equality Act. Gilson Gray LLP was instructed by Intervenors, Sex Matters, in this action.

Rosie Walker, head of litigation & dispute resolution at Gilson Gray, said:

“We are very proud to have been instructed in this landmark case, in which we represented Sex Matters with Counsel, Ben Cooper KC and David Welsh. The ruling provides much-needed clarity over the definition of sex for the purposes of the Equality Act 2010, and the court recognised the valuable contribution made by Sex Matters to this important question of equality law. The ruling is the latest in a series of high-profile cases for Gilson Gray – including our work representing short-term lets operators in Edinburgh – consolidating the firm’s position as one of the leading law firms in the UK.”

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Peter McFarlane, Frame: 07412 739 093 or peter.mcfarlane@framecreates.co.uk

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Notes to Editors

Established in 2014, Gilson Gray has become one of Scotland’s most-acquisitive law, property, and finance firms, boasting one of the widest service ranges in Scotland, and a growing service offering across the UK. The firm is multi-award having recently been named Law Firm of the Year, Corporate Firm of the Year, and Litigation Firm of the Year, among other accolades. The firm now has offices in Edinburgh, Glasgow, East Lothian, Dundee, Aberdeen, Lincoln, and London, each of which allows clients access to Gilson Gray’s full range of property, legal and financial services.

Rosie Walker is a partner and Head of Litigation and Dispute Resolution at Gilson Gray LLP.

To discuss any of the points raised further, please contact her below or a member of our Litigation team here.