I am writing to inquire whether you are fully compliant with the provisions of the Equality Act 2010, particularly in light of the recent Supreme Court ruling in For Women Scotland v. Scottish Government (UKSC16).
As you will be aware, the Supreme Court has ruled that the legal definition of woman, within the Equality Act, is based on biological sex. The Equality and Human Rights Commission (EHRC) interim guidance confirmed that if facilities are provided for women these facilities are reserved for biological women.
I would be grateful if you could provide the following information.
1. Communication with Employees: Please provide a copy of any communications to employees regarding the outcome of the Supreme Court judgement.
The following briefing was provided to all staff on 23 April 2025:
‘Last week, the UK Supreme Court made a ruling in relation to the Equality Act 2010 that will have implications for the Government, local authorities and employers.
The UK Supreme Court ruled last week that the terms “woman” and “sex” in the Equality Act 2010 refer specifically to biological women and biological sex. This decision will have implications for policies across the UK.
As part of the ruling, Lord Hodge was also clear in stating;
“The Equality Act 2010 gives transgender people protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender.”
The legal implications of this ruling for Devon County Council and the wider community are yet to be fully understood. Therefore, we await further guidance from the Equality and Human Rights Commission (EHRC) in this respect, along with the Government and other public bodies. We will update you further following this.
Devon County Council remains committed to eliminating discrimination, providing equality of opportunity and challenging prejudice in order to advance the achievement of equality and foster good relations between diverse groups in Devon. Please see our Equality policy for further details.
We are aware that many people may be impacted by this ruling. In line with our People First strategy, Devon County Council want to ensure staff know where to seek support for their wellbeing and sense of belonging.
Advice and support:
If you have any immediate concerns, please speak to your line manager if you are comfortable to do so, in the first instance. Additional support is also available from our Employee Assistance Programme, or you can reach out to the Equality Diversity and Inclusion Team (EDI) and/or LGBT+ Staff Network for advice.
Further external advice and support is available from the Intercom Trust, Gendered Intelligence Support Line on 0800 640 8046 or via WhatsApp on 07592 650 496, or by email on supportline@genderedintelligence.co.uk. The LGBT+ Switchboard (every day, 10am to 10pm) on 0800 0119100.
Please continue to report any instances where you feel you, or someone else, has been discriminated against using the online reporting form.
If you have any specific questions, please do not hesitate to contact the EDI team using the Equality Mailbox.’
2. Communication with Employees: Please provide copies of any communication to employees since 16 April 2025 that confirms that women’s spaces and services provided by the Council are for female people and men’s spaces and services are for male people. If this has not been communicated to employees please state when this will be done.
We have not provided any communication to employees since 16 April 2025 that “confirms women’s spaces and services provided by the Council are for female people and men’s spaces and services are for male people” and we await further guidance from the EHRC.
3. Training and Awareness: Please state what training is planned for employees to ensure their understanding of the legal principles outlined in the ruling, especially in relation to the distinction between sex and gender reassignment as outlined in the Equality Act 2010. If this training is to be provided by an external organisation, please give the name of the organisation.
We are not planning training about the ruling.
3. Equality Impact Assessments: Provide details of any specific training, either internal or provided by external organisations, to those producing Equality Impact Assessments to ensure EIAs are in line with the Equality Act 2010.
We do not provide training on Equality Impact Assessments. Our guidance can be seen at Equality Impact.