Supreme Court ruling on the definition of “sex”: What does this mean for employers? ​With Patrick Brodie and Kelly Thomson

Welcome to The Work Couch, the podcast where we discuss all things employment.

This week, host Ellie Gelder speaks to Patrick Brodie and Kelly Thomson about the landmark Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers, which has prompted many questions for UK businesses and employers.

Focusing on the law, Patrick and Kelly provide an accessible, balanced overview of the decision, including:

· A brief background to the case and the key question for the Supreme Court;

· The legal implications of the decision with respect to same-sex facilities;

· Divergence between the definition of 'sex', 'man' and 'woman' in the Equality Act 2010 and in the Workplace (Health, Safety and Welfare) Regulations 1992;

· Biological sex definition and varying perspectives;

· The interim update guidance from the Equality and Human Rights Commission;

· Various legal challenges to the decision; and

· Practical measures for employers to balance their legal obligations with their cultural and inclusivity goals, especially in relation to their trans colleagues.

To learn more about trans inclusion and how to be an effective ally, please listen to this previous Work Couch episode, with Emma Cusdin, Global Butterflies.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

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