Jo Major, Founder, Diversity in Recruitment, gives her view on the gender identity ruling and how HR should respond.
First things first, I’m not a lawyer or an HR professional, but I am someone who works in and around recruitment, workplaces, and inclusion. And I’m someone who cares deeply about the experience of all women at work and in the hiring process, fairness and creating workplaces where people feel safe and seen.
That includes cis women, trans women, and non-binary people. So, like many of us, I’ve been reflecting on what the recent Supreme Court ruling means, and how it’s likely to impact the conversations and decisions being made inside HR teams, recruitment businesses, and leadership meetings across the UK.
To recap briefly, and with the caveat that I’m not a legal expert, The Supreme Court has ruled that the word “woman” in the context of the Equality Act 2010 refers to biological sex, not gender identity.
Sex-based rights and protections
Under the Equality Act, for sex-based rights and protections, especially around single-sex spaces, occupational requirements, and equal pay comparisons, trans women can now be excluded from the legal category of “woman,” even if they have a GRC (Gender Recognition Certificate.)
But what’s super important to stress, especially for anyone working in hiring or managing people, is that this ruling does not remove the rights of trans people or reduce the protection they’re entitled to under other areas of the Equality Act and our responsibility to maintain that.
Trans+ people remain protected from discrimination, harassment and victimisation under gender reassignment as a protected characteristic. And that applies from the moment someone says they are beginning, or intend to begin, transitioning, whether or not they’ve had any medical intervention or a Gender Recognition Certificate.
What does this mean for recruitment and HR?
It gives clarity around when it may be lawful to specify a biological sex requirement for a role, where it’s a genuine occupational requirement. These are still rare and should be approached with care and legal advice. But in practice, it means that organisations working with vulnerable women, such as in shelters or support services, can continue to apply single-sex staffing policies where they are proportionate and justified.
It also affects how we might approach equal pay comparisons, where it will now be clearer that comparisons should be made based on biological sex, not gender identity.
This should not mean a rollback on our Trans Inclusion work
Or give anyone permission to misgender someone, ignore a candidate’s identity, or implement sweeping policies that exclude or isolate trans people.
Inclusion is still our responsibility. If anything, this moment is a reminder of how vital it is to treat people as people, not as problems to be debated or definitions to be argued. And if I’m being really honest, I’m really worried. I’m worried that this ruling is being taken, twisted and used by people who want to shut down trans inclusion altogether.
I’ve already seen the nonsense headlines and the social media posts being shared as if this is a victory for transphobia. It’s not. But it risks becoming a green light for some to spread harmful, uneducated views, and it’s why we need to be mindful of the conversations we’re having in the workplace.
This is a time to supercharge empathy, not dilute it.
If you’re in a position of influence, especially in HR, leadership, or recruitment, now is the time to double down on compassion, not wait until we have ‘more clarity’.
There is plenty of stuff you can be doing right now…
- revisiting your policies and language to make sure they’re legally sound, but still inclusive and respectful
- offering training and guidance to your teams on what this means in practice, and how to support both women and trans people fairly
- being transparent with your candidates and employees about what your stance is, and what support is available
- creating space to listen to lived experiences, without assumption, judgment, or fear
The most important thing anyone responsible for other people should do is step into the education, pick up that book, listen to that podcast, join that webinar, and get that Trans Inclusion trainer in your business, because now is the time to listen to Trans+ people.
Remember that at no point did the Supreme Court do that in the deliberations, nope, trans voices were not meaningfully part of the deliberations – which is wild in my opinion!
I know it’s not easy and I also know this is one of the most complex and emotive topics we face when discussing inclusion and equity. But what I don’t think we can do is stay silent or let fear of saying the wrong thing stop us from doing the right thing.
There is room, and there must be room to support the rights, safety, and dignity of ALL women, while also standing up for the rights, safety, and dignity of trans people.
As someone who cares deeply about inclusion in recruitment, I believe we can hold both things at the same time. We can listen, learn and lead with care. And we can make sure that whoever is applying, interviewing, or showing up to work feels respected and protected every step of the way.
One more thing…
This bit is the really scary bit for me because I see the erosion of trans rights as directly connected to the erosion of women’s rights. Not because trans people threaten women’s progress, but because the same systems of control so often target both groups.
When lawmakers and lobbyists decide whose identity is valid, whose body is up for debate, and whose access to safety, healthcare, or dignity is conditional, it’s always a warning sign.
History has shown us time and time again that when the rights of one group are restricted, it opens the door to restrict the rights of others too. This isn’t about picking a side. It’s about recognising that liberation and equality is collective.
In my opinion, if we care about women’s rights, we must care about trans rights too, because the forces trying to silence, limit, or legislate against trans people are often the very same ones that have held women back for generations.
And finally, Trans people want to live their lives and be safe. I see deciding to transition as one of the bravest decisions a human can make in today’s society; we only get one very short, tiny little life, let’s fill it with compassion and kindness not hate and anger.
Reading recommendations:
The Transgender Issue: An Argument for Justice by Shon Faye – A vital, UK-based perspective on how trans rights are deeply connected to wider social justice issues and a great read for anyone working in policy, HR or public services.
Trans Like Me by CN Lester – A collection of essays that breaks down myths, media narratives, and everyday experiences of being trans in the UK. Introspective, powerful, and totally accessible.
Trans Britain by Christine Burns – This book is a valuable social history, detailing how transgender people have interacted with, and been part of, British Society
