What Are The Implications Of The Supreme Court Decision On Biological Sex For The Hospitality Industry
By Ben Stepney, Partner in the Employment team at Thomson Snell & Passmore (https://ts-p.co.uk/)
The hospitality industry may feel as thought it has enough on its plate with rising costs, taxes and customers feeling the pinch, but operators should be aware of a recent Supreme Court ruling which will have important ramifications for how venues are run and set up, not only with regard to patrons but staff too. Failure to comply with the ruling could result in operators facing discrimination claims by customers and staff.
For Women Scotland Ltd v The Scottish Ministers: the ruling
In April 2025, the UK Supreme Court issued a landmark decision clarifying that under the Equality Act 2010, the protected characteristic of sex refers to biological sex, not gender identity or legal sex as defined by a Gender Recognition Certificate (GRC).
The case involved a challenge by the women’s rights group For Women Scotland, which contested the Scottish Government’s guidance that included those identifying as trans women with a GRC in the definition of “woman” for the purposes of recording gender representation on public boards.
The Supreme Court ruled that this interpretation was inconsistent with the Equality Act 2010, affirming that the terms “woman” and “man” refer to biological females and males, a distinction that may feel legalistic but that has ramifications on how venues can be set up and run.
Equality and Human Rights Commission: interim update
The Equality and Human Rights Commission (EHRC) has provided an update following the Supreme Court ruling. It focuses on the practical implications of the decision.
The EHRC says that the decision has implications for many organisations, including:
• Workplaces
• Venues that are open to the public, such as cafes and restaurants, pubs and leisure facilities.
In workplaces:
• Operators must provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed
• Gender neutral facilities can be provided in addition to single-sex
• Single sex facilities should be used on the basis of biological sex.
In venues open to the public:
• It is not compulsory for services that are open to the public have single-sex facilities
• Failure to provide single-sex provision could amount to indirect sex discrimination against women
• Single sex facilities must only be used on the basis of biological sex.
Implications for the hospitality industry
This ruling has significant implications for employers and service providers particularly in the hospitality industry with daily interactions with the public.
Key considerations include:
• Toilets and changing rooms: operators should conduct risk assessments on facilities and ensure that single sex toilets and changing rooms within venues are used on the basis of biological sex.
This does not preclude the provision of gender-neutral facilities but if women-only spaces are not provided, this could leave operators open to legal challenges for indirect sex discrimination. Signage should be clear and prominent. It is compulsory to provide single sex facilities for staff in workplaces
• Policy reviews: equality, diversity and recruitment policies may need to be reviewed and updated to take into account the Supreme Court decision and updated EHRC guidance. Other staff policies, including those related to pregnancy, maternity, gender identity and menopause, may also require review
• Staff training: staff should be updated and trained and on the implications of the Supreme Court ruling and EHRC guidance, to ensure that venues are complying with the new rules particularly in regard to any women-only spaces on site. Front of house teams should be able to respond sensitively and knowledgeably to any patron queries
• Fair treatment of employees: employers must maintain protections against discrimination and harassment for all employees, including those identifying as transgender. This includes supporting diversity and inclusion efforts and mitigating any negative impact the ruling may have on transgender staff. It is still illegal to discriminate or harass those identifying as transgender, either in employment or as customers
• Data collection: organisations must ensure data collection practices distinguish between biological sex and gender identity. This is essential to comply with the Equality Act 2010 and inform decision-making on sex-based policies.
The Supreme Court ruling underscores a complex tension: protecting single-sex rights for women while preventing discrimination against staff and customers.
By offering gender-neutral options, delivering staff training, engaging in stakeholder consultation, and working with legal advisors the industry can uphold compliance while maintaining a welcoming environment for all staff and customers.
The EHRC is currently consulting on full guidance following the Supreme Court decision. This is expected to be published in the Autum of 2025.