The UK Supreme Court ruled in 2010 that the term ‘woman” refers to the biological sex.
This is a landmark case. This decision clarifies, redefines and closes an old legal dispute. For some, the new law brings clarity – black and white in a world full of grey.
Here’s what it doesn’t do.
- This does not force you to exclude women of transgender identity from your leadership programs.
- You do not have to remove your non-binary employees from the list.
- This does not mean you have to change your culture in order to be less kind or fair.
This decision defines a term in a legal context. Its job is to do that. It is your responsibility to lead, support and include people within your organization.
Now the law draws a more sharp line. This line is not a barrier.
What the ruling says and what it does not.
For the purposes of the Equality Act’s sex-based provisions, “woman” means anyone born female. The Court has clarified that, for the purposes of sex-based provisions in the Equality Act, ‘woman’ means someone assigned female at birth.
It does not remove protection from transgender people.
The same Act still covers trans people under the characteristic gender reassignment. They have the right to be free of discrimination, harassment, and victimisation.
The law has become more strict. This line is not a barrier. This does not stop you from treating people with respect, dignity and fairness.
Keep going if your culture is already inclusive
If your workplace is inclusive, supportive, and trans affirming, then you don’t need to do anything.
It is not the time to retreat, but rather a moment for choice
Clarity in the law is important. It can also lead to confusion between permission and principle.
You might be hearing questions like:
- Is it time to re-evaluate our Women’s Network?
- Should trans women be included in our leadership shortlists?
- Should we be more careful with our language or participation when interacting?
To those I say, slow down. Breathe. Remember who you are.
Your inclusion practices will remain solid if they are based on empathy, evidence and value – not only the minimum legal standard.
The law doesn’t prevent you from showing respect to transgender and nonbinary individuals. The law expects that you uphold their rights, but under a different section of the Act.
This is more than a legal moment. It’s a moral one. This is a cultural issue. Test to see if you truly believe in inclusion or if you only do it until you feel risky.
Your trans and nonbinary peers are watching. They wonder if they still belong. They wonder if the feeling of welcome that they felt in the past is still there. If your values still include them.
If you don’t say anything, if your retreat is into silence or you’re ‘waiting for direction’, that void speaks volumes.
Small, daily acts are what we mean by solidarity. Checking in. Showing up is about checking in. You matter.
What does ‘Hold on to the rope’ really mean?
Hold the rope. You’ve probably heard me say it before. This phrase means to stay connected and steady. Especially when people may be at risk of falling through gaps.
Many trans people are feeling the strain of the rope. The ruling has left some trans people feeling forgotten. Some are numb, confused or tired. Most are checking to see if anyone is still in control.
You can be the person. You can be the organisation.
You can use the following:
- We respect the Court’s ruling. We are aware of its legal implications. “But our commitment to inclusion doesn’t stop here.”
- We will continue to accept trans women into our spaces for women, where it is appropriate.
- We will continue to support the nonbinary workforce, even though there is still a struggle to define them in law.
- We will lead with kindness and clarity.
Holding the rope does not mean making grand statements. It’s about daily, small acts of solidarity. Checking in. Showing up. You matter.
Integrity is the key to what leaders can do now.
Recognize the ruling
Speak up. A short message acknowledging this moment will reassure those who are feeling uncertain.
Reaffirming your values
Include policies that are based on equity, dignity and belonging rather than just legal interpretation.
Continue to practice inclusiveness
You can continue to include trans women in your ERGs or programmes for women’s leadership. You are not required to stop.
Equip Your People
Be sure that managers, HR, and communications teams are aware of the nuance. This is not an exclusionary clause, but a legal redefinition.
Offer space
Make it possible for staff who are affected to speak, think or ask for support. You might be surprised at who needs help and how much they need it.
The decision closed a definition. You can still open the door.
It is not the first instance that trans people are told they don’t count. It won’t be the last time.
What matters is not the law in its narrowest sense. What is important is how people respond.
Will you retreat into silence and’safety? Will you reach out, stand up and grab the rope?
You can still give inclusion. You still have the power to define your culture. Your choices still count.
Your people must see right now that your commitment is not conditional, but real.
This is your message:
We see you. We respect the law. We are still on the rope for everyone .”
