Response xx

Response to request for information

Reference

3785050

Response date

15 August 2025

Request

As you will know, on 16 April 2025 the Supreme Court gave its judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 (“FWS”). The court held that for the purposes of the Equality Act 2010 “woman” means a biological woman and “sex” means biological sex. Accordingly, where separate-sex services are provided they must be provided based on biological sex. The Equality and Human Rights Commission (EHRC) has issued an interim update to support this.

We are seeking an assurance that Rushcliffe Borough Council is bringing its policies into line with the law as a matter of urgency. These include its responsibilities both as an employer and as a service provider. Policies which may need to be reviewed and amended include those relating to the following areas:

• Use of toilets and changing rooms at work. Every staff member needs to know that facilities are provided based on biological sex, as specified by the Workplace (health, safety, and welfare) Regulation 1992.
• Toilets and changing rooms in buildings operated by the council which are used by the public, such as leisure centres, libraries and day centres. Staff and service users need to know the policy, which cannot allow mixed-sex usage if a toilet or changing room is marked as Male/Female, Men/Women, or any other signage indicating sex, including graphics. 
• Transitioning at work. A statement to the effect that transitioning employees may use the facilities they feel comfortable with, or which match their gender identity, is likely to be unlawful, since it results in single-sex facilities becoming mixed-sex. 

Response

I can confirm on behalf of the Council that we do not have any policies that relate specifically to the use of our facilities in relation to sex.
We will be waiting for the guidance from the Equality and Human Rights Commission to determine if we need to carry out any further action in relation to the Supreme Court judgement.