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