The Supreme Court last month ruled unanimously that the word “woman” in the Equality Act 2010 refers to biological sex and does not include transgender women, regardless of whether or not they hold a gender recognition certificate.

Although the 2010 Act does not apply in Northern Ireland, the Equality Commission for Northern Ireland has said it is likely to be “highly persuasive” in Northern Ireland courts and tribunals and is therefore developing new guidance in light of the ruling.

Great Britain’s Equality and Human Rights Commission (EHRC) is now consulting until 30 June 2025 on changes to its code of practice.

The EHRC will review responses received as part of the consultation and make necessary amendments to the draft code of practice. It will then be submitted to the minister for women and equalities for approval and laying in Westminster, before it acquires statutory status.

EHRC chairperson Baroness Kishwer Falkner said: “As Britain’s equality regulator, we uphold and enforce the Equality Act 2010 to ensure everyone is treated fairly, consistent with the Act.

“That requires us to incorporate the Supreme Court’s ruling on the definition of ‘sex’ into our guidance and explain what it means to the duty-bearers who must put it into practice.

“Since the judgment was handed down, the demand for authoritative guidance has been obvious. It’s our job to provide that.

“It is important that our code is both an accurate interpretation of the law and clear to those who use it. So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks.

“We will consider every response carefully and amend the draft code where necessary.”