UNISON message of solidarity and inclusion following the Supreme Court ruling
The Supreme Court ruling on the legal definition of ‘sex’ in the Equality Act 2010 has led to a number of difficult questions, distress and anxiety. As a branch we want to make a clear statement of solidarity. In particular we stand by our Trans, non-binary and non gender conforming members. At UNISON's 2024 Women's Conference a ‘Unite for more rights’ motion was agreed unanimously. It stated that: “Trans women are women and Trans men are men. Women’s rights are not diminished by Trans people having more rights and when we unite and organise together we can often win more rights for all.”
Challenge division
We recognise that there are women who are in support of the ruling, and that this is a group that is diverse in its reasons why. As a union that relies on collective action and organising, we believe all women, both cis and Trans are fighting against a growing wave of misogyny and oppression. We stand with all women in this fight. We also call for everyone to work to challenge further division that may come from this decision. It has never been more important for us to make time to listen, to ask challenging but constructive questions and to make spaces to learn about each other.
What the ruling says and does not say
We also wanted to share some important information on what the ruling does and does not say, as well as highlight some of the questions that we will now need clarity on.
Definition of ‘sex’ in the Equalities Act
The ruling is limited to the legal definition of ‘sex’ in terms of the Equalities Act. It is not a definition of sex or gender in wider society or for an individual. However, the ruling's reliance on a biological determinant of sex has raised many legitimate questions: where do intersex people, who represent around 1.1 million people in the UK fit within this rigid definition? An intersex person may not have physical sex characteristics or hormone/chromosome profiles that fit standard definitions of sex.
Supporting Trans men
How do we support Trans Men? A group largely left out of discussions on this ruling, but who have now been told, that under the Equality Act's definition of sex, they are legally women? What consideration has there been given into the ramifications of this for them in terms of wider society and public spaces?
Equal pay claim
While a Trans woman can receive an equal pay claim payout, under this ruling it is suggested they cannot bring an equal pay claim as a woman. This is an urgent matter that trade unions must take to government.
Sexual harassment claim
A Trans woman can still claim sexual harassment under the protected characteristic of being a woman, rather than under the protected characteristic of gender reassignment. Trans women need to be aware of this continuing right.
Same-sex only spaces
The ruling does not put a responsibility on a service or venue to exclude Trans women from women-only spaces such as toilets and changing rooms. It does, however, as in the previous legislation, allow for biologically determined women-only spaces in some specific circumstances. In light of this how do we ensure employers or venues:
do not mistakenly enact this
use it as an opportunity to roll back Equalities, Diversity and Inclusion policies
ask intrusive questions of people whose appearance may not match their biological sex
If you would like any support or advice on these issues, particularly in terms of your rights at work, please contact us. Our branch will be working to fight back against any practices in workplaces that dehumanise trans, non-binary and gender diverse people or that endanger the human rights of cis and trans women and all those that do not conform to sex or gender binaries.