Subject: HR policy changes – Equality Act 2010

Hi everyone.

You’ve probably already heard about the Supreme Court’s clarification on the meaning of “sex” in the Equality Act 2010 (https://supremecourt.uk/cases/uksc-2024-0042). On 16th April it ruled that in equality and anti-discrimination law, “sex” means biological sex, not gender identity. As a result, we’ve updated our HR policy on single-sex spaces. [INSERT LINK]

In short: The new policy says that all designated single-sex spaces in [insert company name] premises are available only to people of that biological sex. From today, none of us can use any of our facilities that are designated as for the opposite sex. We’ve made sure we have unisex, single-user alternatives. 

This policy change keeps us compliant with the law. The Supreme Court clarified the meaning of “sex” in the Equality Act. It did not change the law or write a new law. It set out what is, and has been since 2010, the correct interpretation of the law. It is the UK’s highest legal authority, and this judgment overrides any previous guidance or interpretation of the Equality Act. 

Like many organisations, we based our policy concerning access to single-sex spaces on what we now know to have been a misinterpretation of the law. Our legal team has scrutinised the Supreme Court decision closely and updated our policy to comply with it. If we hadn’t done this, we would now be in violation of equality and anti-discrimination law, as well as workplace regulations about single-sex toilets and changing rooms. This would have opened us up to legal and financial risk. As a responsible company that takes legal responsibilities and human rights seriously, we knew that updating our policy was the right thing to do.

This change doesn’t remove any of our protections against discrimination or harassment. The judgment was based on careful consideration of anti-discrimination law. The Supreme Court decided that taking “sex” to mean “biological sex” was the only legally coherent approach that protects the human rights of everyone, whatever their sex or gender identity. 

As the court pointed out, if you’re trans, you’re still protected under the characteristic of “gender reassignment”. Having this protected characteristic does not change a person’s sex, and does not give anyone the right to use spaces that are provided for the opposite sex. The Supreme Court ruled that having a gender-recognition certificate doesn’t give people this right either. Our updated policy continues to make clear that we won’t tolerate discrimination or harassment of any kind.

As the Equality and Human Rights Commission has emphasised (https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment), everyone must have access to suitable facilities at work. We have reviewed ours, and are satisfied that we have sufficient unisex, single-user alternatives to accommodate people who do not feel comfortable in single-sex facilities for their own sex. We have improved signage to help everyone find facilities that suit them. These clear rules apply to and protect visitors to our premises as well. 

Please read the new policy in full to find out how it will work and where single-user, unisex facilities are located. If you have any further questions, please drop us an email or come see us in HR. 

Thanks,

[INSERT NAME]

HR Director