Gender re-assignment discrimination meaning

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

In this issue Equality and human rights Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Post-Brexit transition guidance Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information No Weekly Highlights on 24 April 2025 Equality and human rights Supreme Court rules that the EqA 2010 terms ‘man’, ‘woman’ and ‘sex’ denote biological sex (For Women Scotland Ltd v The Scottish Ministers). In For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, the UK Supreme Court unanimously concluded that these terms identify biological sex rather than ‘certificated sex’. The court determined that those holding a Gender Recognition Certificate (GRC) are not included within the EqA 2010 definition of their acquired gender. The ruling confirms that trans people remain safeguarded by the Act’s gender reassignment provisions and may pursue sex discrimination claims where...

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

Direct discrimination under the Equality Act 2010 This Practice Note explores direct discrimination within the Equality Act 2010 (EqA 2010), namely the treatment of an individual less favourably because of a protected characteristic (ie unfavourable treatment on discriminatory grounds). It addresses in particular the requirement for a comparison, the role of comparators (real or hypothetical), the meaning of ‘because of’, awareness of disability, the justification of direct age discrimination, direct sex discrimination arising from a contractual provision, and equality of terms. It also covers more favourable treatment in relation to pregnancy, childbirth (which must be proportionate), and disabled people. It examines racial segregation in this context. Lastly, it analyses third-party characteristics: associative discrimination, discrimination based on perceived characteristics, and absence from work due to gender reassignment. This Practice Note cites case law from the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law...