Supreme Court ruling on the meaning of ‘man’, ‘woman’ and ‘sex’ – what it means for health and care
This decision matters because it could affect how health and care services – including local NHS services – treat people in certain situations, such as when using single-sex spaces like hospital wards or changing rooms.
What has changed?
The Court has confirmed that in the Equality Act 2010, the terms ‘man’, ‘woman’ and ‘sex’ refer to a person’s biological sex – that is, the sex they were assigned at birth.
This means that someone who has a Gender Recognition Certificate (GRC) – a legal document recognising their gender – may not be treated as the opposite sex under this law when it comes to single-sex spaces.
For example, a trans woman with a gender recognition certificate might not be included in the legal definition of ‘woman’ for the purposes of certain services or protections in this Act.
Does this remove protections for trans people?
No. The Court made clear that trans people are still protected under the Equality Act. They are covered by the law under the protected characteristic of ‘gender reassignment’, and still have protection from both sex discrimination and gender reassignment discrimination.
This means, for example, a trans woman can still challenge discrimination if she is treated unfairly because she is perceived to be a woman.
What happens next?
The Equalities and Human Rights Commission will now provide updated guidance on how organisations – including the NHS – should follow the law.
Healthwatch will keep a close eye on this and will let you know what it means for you and your care.
Why this matters to you
At Healthwatch North Yorkshire, we listen to what matters to you. We're here to help everyone get the best out of health and care services – and that includes understanding your rights and knowing where to go for help if you need it.
As this situation develops, we’ll continue to provide clear, trustworthy updates. And if you have a question or concern about your care, you can always get in touch with us.
Phone: 01423 788 128
Write to us (no stamp required) at: Freepost HEALTHWATCHNORTHYORKSHIRE
Email Hello@hwny.co.uk
