The UK Supreme Court has ruled that, under the Equality Act 2010, the word ‘woman’ refers to biological sex.
It is a landmark decision. It redefines, clarifies and closes a long-contested legal loop. And for some, it brings a sense of certainty – a black-and-white clarity in a world that often feels full of grey.
But here is what it does not do.
- It does not compel you to exclude transgender women from your leadership programmes.
- It does not require you to withdraw inclusion from your nonbinary staff.
- It does not demand you restructure your culture to be less kind, less fair or less human.
This ruling defines a word in a legal context. That is its job. But how you act now – how you lead, include and support people in your organisation – that is entirely yours to own.
The law now draws a sharper line. But that line is not a wall.
What the ruling does – and what it leaves untouched
The Court has clarified that, for the purposes of sex-based provisions in the Equality Act, ‘woman’ means someone assigned female at birth. This affects certain areas – like representation quotas, single-sex spaces and some types of positive action.
But it does not strip trans people of protection.
Trans people are still covered under the characteristic of gender reassignment in the same Act. They still have a right to live free from discrimination, harassment and victimisation.
So yes – the law now draws a sharper line. But that line is not a wall. It does not block you from continuing to treat people with dignity, respect and fairness.
If your culture is already inclusive – keep going
In fact, if your workplace has been inclusive, supportive and trans-affirming up to now, you do not need to change a thing.
This is a moment of choice – not retreat
Legal clarity is helpful. But it can also tempt organisations to confuse permission with principle.
You might be hearing questions like:
- Do we now need to review our women’s network?
- Should trans women still be on our shortlists for leadership?
- Do we need to be more cautious around language or participation?
And to those I would say: slow down. Breathe. And remember who you are.
If your inclusion practices were rooted in empathy, evidence and values – not just the minimum legal standard – then they remain sound.
The law does not prevent you from treating trans and nonbinary people with respect. In fact, the law still expects you to uphold their rights under a different part of the Act.
But more than legality, this is a moral moment. A cultural one. A test of whether inclusion is something you believe in – or something you do only until it feels risky.
Because your trans and nonbinary colleagues are watching. They are wondering whether they still belong. Whether the welcome they once felt is still real. Whether your values still include them.
And if you do not say anything – if you retreat into silence or ‘waiting for guidance’ – that void will speak volumes.
It is about small, daily acts of solidarity. About checking in. About showing up. About creating policies and cultures that say: you matter here.
‘Hold the rope’ – what that really means now
You may have heard me use this phrase before: hold the rope. It means staying connected and steady, especially when people are at risk of slipping through the gaps.
Right now, the rope is fraying for many trans people. Some are feeling erased by the ruling. Others are confused, tired or numb. And most are looking around to see who still has a grip.
You can be that person. You can be that organisation.
You can say:
- “We respect the Court’s decision. We understand its legal scope. But our commitment to inclusion does not stop here.”
- “We will continue to welcome trans women in our women’s spaces where appropriate.”
- “We will continue to support nonbinary staff, even though the law still struggles to define them.”
- “We will lead with kindness, clarity and courage.”
Holding the rope is not about making sweeping statements. It is about small, daily acts of solidarity. About checking in. About showing up. About creating policies and cultures that say: you matter here.
What leaders can do today – with integrity
Acknowledge the ruling
Say something. Even a short internal message that recognises this moment can reassure people who feel uncertain.
Reaffirm your values
Make it clear that your inclusion policies remain rooted in equity, dignity and belonging – not just legal interpretation.
Continue inclusive practice
If you previously included trans women in women’s leadership programmes or ERGs, you can still do so. There is no rule that says you must stop.
Equip your people
Make sure managers, HR and comms teams understand the nuance: this is a legal redefinition, not a carte blanche for exclusion.
Offer space
Create room for affected staff to talk, reflect or seek support. You may be surprised by who needs it – and how much it means.
The ruling closed a definition. You can still open a door.
This is not the first time trans people have been told we do not count. And it will not be the last.
But what matters most is not what the law says in a narrow sense. What matters is how the people around us respond.
Will you shrink back into ‘safety’ and silence? Or will you stand up, reach out and hold the rope?
Because inclusion is still yours to give. Your culture is still yours to shape. Your choices still matter.
And right now, your people need to see that your commitment to them was not conditional – it was real.
Let this be your message, loud and clear:
“We see you. We respect the law. And we are still holding the rope – for everyone.”
Further resources
- How to address diversity, equity and inclusion backlash
Provides strategies for HR professionals to navigate and address resistance to DEI initiatives, focusing on both psychological and structural aspects. - International Women’s Day 2025: Five ways to #AccelerateAction on gender equity
This article shares strategies from DEI advocates on promoting gender equity, emphasizing the importance of inclusive language and actions in the workplace. - Inclusion starts with empathy
Explores the foundational role of empathy in building inclusive organizations, offering insights into fostering understanding and connection among employees. - Three key benefits of unlocking inclusion at work
Discusses how fostering an inclusive work environment can enhance employee wellbeing, boost retention, and build a solid corporate reputation.