UK Supreme Court Ruling on the Legal Definition of "Woman”

May 13, 2025

What does this mean for Irish and UK Employers 

On 16 April 2025, the UK Supreme Court issued a major ruling in the case of For Women Scotland Ltd v The Scottish Ministers. The court confirmed that, for the purposes of the UK Equality Act 2010, the word “woman” refers to biological sex — not gender identity.


While this ruling is specific to the UK, it raises important questions for Irish employers too. As employment legislation and equality rights continue to evolve, understanding the legal distinctions between sex, gender identity, and legal gender is essential for maintaining inclusive and compliant workplaces.


What Does This Mean for Employers in Ireland?


Irish law is different. In Ireland:

Gender is self-declared — no medical diagnosis is needed to change legal gender.

“Gender” under Irish equality law includes gender identity and transgender status.

There’s currently no Irish case law defining “sex” for legal purposes.


Key Considerations for Irish Employers


Records & Documentation: Employees who have changed their legal gender are entitled to have their records updated.


Inclusion & Anti-Discrimination: Irish law protects against discrimination on the ground of gender, which includes gender identity.


Single-Sex Spaces: There is no clear Irish guidance yet — a case-by-case approach, guided by respect and legal advice, is best.


Gender Targets: If your organisation uses gender-based quotas or reporting, be clear whether these refer to legal gender or biological sex.


In Summary


This is a UK-specific ruling, but it’s a reminder for Irish employers to ensure that policies are inclusive, legally up-to-date, and respectful of all employees’ identities. If you're unsure how this affects your workplace, we’re here to help.


Contact us at info@mssthehrpeople.ie for practical, tailored advice.

Auto-Enrolment Update: November 2025 Payroll Deadline
By Tara Daly October 1, 2025
Ireland’s new Auto-Enrolment pension scheme, My Future Fund, is edging closer and the timeline has just shifted again. Employers now need to act sooner than expected
By Tara Daly September 3, 2025
What Employers Need to Know
By Tara Daly September 3, 2025
In this blog, we explore a recent WRC ruling where a school was ordered to pay €85,000 in compensation after a teacher was discriminated against during an interview. The case highlights how even seemingly harmless remarks can have serious legal consequences for employers. What Actually Happened? Employee, Emily Williams, who had been working at the school under fixed-term contract and had two years’ experience there, was on maternity leave when a permanent teaching post arose. She was neither notified nor considered, even though she was eligible. Instead, the school awarded the role to a less-experienced colleague not on leave. During a subsequent interview for a fixed-term position, the principal congratulated Williams on the birth of her baby and added: “You really should enjoy every moment at home with the baby.” Williams felt the comment was unprofessional and likely influenced the outcome against her as she had learned she was unsuccessful the very next day. Why the WRC Ruled It Was Discrimination The WRC adjudicator found that: The principal’s comment, made before scoring was complete, was inappropriate and highlighted Williams’ family status. The school could not justify why a less-experienced teacher was chosen. Their claim that it was based on prior interview scores was unsupported, with no clear process to back it up. One interviewer even adjusted a score for Williams downward without explanation, further undermining the credibility of the decision. Given these failures, the WRC concluded that Williams had established a clear case of discrimination on grounds of family status. She was awarded €85,000 in compensation, with the adjudicator stressing the importance of deterrence in cases like this. Why This Ruling Matters for Employers This case underscores three vital lessons for HR and hiring managers. First, keep personal matters out of formal interviews. Even a well-meaning comment can suggest bias or influence the panel. The interview must remain strictly professional. Second, ensure documentation and process are watertight. Reliable scoring systems, consistent policies, and clear records are essential. Without them, hiring decisions become legally and reputationally vulnerable. Finally, fairness must be more than form, it must be function. Interviews should be blind to protected statuses such as family or maternity, and all decisions must be transparent and defensible. How MSS The HR People Can Help MSS is here to help Irish businesses avoid situations like this: Designing discrimination-safe interview processes, from structuring interview panels to defining scoring metrics Training hiring panels on unconscious bias and employment equality legislation Developing clear recruitment communication policies that avoid risks around maternity or other protected characteristics Providing support and representation if a dispute arises before the WRC  Let’s ensure recruitment is fair, transparent, and free of unintended prejudice. Reach out to MSS The HR People, and we’ll help you build safe, compliant hiring practices. MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690
By Tara Daly September 3, 2025
WRC Finds Dismissal Unfair When Employer Fails to Engage
By Tara Daly September 2, 2025
Every business needs solid HR support, that support doesn’t have to be an all-or-nothing affair, a flexible, scalable HR service can assist in your companies growth.
Three Tips to Improve Your Recruitment Process
By Tara Daly August 12, 2025
Lets explore how Irish employers can streamline hiring processes through technology, compliant CV screening, targeted advertising, and a strong employer brand.
From Policy to Practice: Making EDI a Reality in Your Business
By Tara Daly August 12, 2025
Many employers now have a written diversity, equity and inclusion (EDI) policy, but turning that policy into a lived workplace culture is a very different challenge.
Proposed New Leave Entitlements for Pregnancy Loss. What Employers Need to Know
By Tara Daly August 12, 2025
The Pregnancy Loss (Miscellaneous Provisions) Bill 2025 has been introduced in the Seanad and proposes a significant development in statutory leave entitlements.
Managing Difficult Behaviours in the Workplace Practical Tips for Irish Employers
By Tara Daly August 12, 2025
Every workplace encounters difficult behaviours at some point. Spotting and managing them early, from negativity to resistance, is key to a healthy environment.
Employee or Contractor? Why Labels Might Not Protect You Anymore
By Tara Daly August 12, 2025
A recent decision by the WRC has put a spotlight on the blurred lines between independent contractors and employees and what it means for employers in Ireland.