LGBT Great's Response to UK Supreme Court’s judgement ruling trans women not legally women

London, April 2025- On 16 April 2025, the UK Supreme Court unanimously ruled that the terms “woman” and “sex” refer to biological women and biological sex, effectively excluding trans women from the rights & protections that are afforded to cisgender women. This exclusionary judgement holds even after transgender women follow all legal processes to obtain a Gender Recognition Certificate (GRC).

This judgement comes as a result of challenges put forth by For Women Scotland regarding the definition of women, in order to consequently exclude trans women for 50% female representation target on public boards.

While the direct legal ramifications remain unclear, it is expected that trans women will be excluded from using spaces and services reserved for women and will not be considered under public representation targets that are reserved for women across United Kingdom. However, it is important to note that trans women are still covered by the Equality Act under the “Gender Reassignment” protected characteristic.

This judgement further implicates an incoherent legal system where legal documents like pensions and passports recognise trans people as their acquired gender, while simultaneously excluding them in certain gender-specific cases such as public representation targets.

A 2021 TransActual survey showed that 63% of trans people faced transphobia when seeking employment. LGBT Great’s 2024 research report showed that more than 40% of Trans & Gender-Diverse respondents were afraid of prejudice and social stigma at work due to their identity. These data points evidence why the inclusion of trans people in organisations is vital, especially at a time when trans identities are being erased.

Following this judgement, LGBT Great urges UK organisations and leaders to lead with empathy and prioritise inclusive and psychologically safe workplaces; whilst laws have limits, culture is defined by you. To proactively reaffirm your commitment to trans employees, practical measures can be implemented such as establishing dedicated wellbeing forums for trans employees and issuing company-wide communications that clearly express support. These communications can include links to internal trans inclusion policies and external support resources (e.g.- Switchboard, Translifeline).

For further guidance and actionable advice, our "Supporting Transitioning Colleagues" toolkit is available to assist you.

"The LGBTQ+ journey to acceptance and equality has never followed a clear or simple path, and there is a long way to go. For workplaces this ruling does not bring legal clarity and places a renewed responsibility on employers to create authentically safe and inclusive environments for all. At LGBT Great, we remain steadfast to supporting our members in building cultures where transgender and non-binary people feel seen, respected, and empowered. Together, we look forward to shaping the path ahead and leading this important work."

- Matt Cameron, CEO of LGBT Great

Press Enquiries

Matt Cameron
Chief Executive Officer- LGBT Great
+44(0)7793362291
matt@lgbtgreat.com