UNISON – City of Edinburgh Branch
Response to UK Supreme Court ruling Wednesday 16 April 2025, For Women Scotland v Scottish Ministers
UNISON believes that the transgender, nonbinary and intersex community members like everyone else have the
right to live a dignified life based on the established principles of equality, diversity and inclusion. That right to live their lives in full without fear and discrimination at work; at home and in all public spaces is enshrined in law.
UNISON remains committed to working for trans equality in the workplace, in society, under the law and in our union. UNISON also remains committed to women’s equality.
The court was asked to rule if a person with a full gender recognition certificate (GRC was a “woman” for the purposes of the Equality Act 2010 (EA). The Supreme Court concluded that the terms “man”, “woman” and “sex” in the EA referred to biological sex only.
The Equality Act 2010 was enacted by Gordon Brown’s Labour Government in 2010 and at that time it was progressive. However, after 15 years it is now very clear that the EA is massively out of date and needs reform or replacement to reflect the current realities of gender transition.
Gender re-assignment is a protected characteristic included in the EA. Discrimination on the grounds of gender reassignment remains unlawful despite last week’s judgment.
Gender identity; however, was not even considered in 2010 for inclusion in the EA. Unfortunately, gender identity is not a protected characteristic and there is no legal protection to assert gender identity as something other than sex assigned at birth.
Trans rights are human rights and UNISON – City of Edinburgh Branch believes now is the time for the Trans Community and Women to put aside their political, physical and gender identity differences to come together and fight for equal rights for all. The gloating by some over the removal of rights of others has no legitimate place in the modern union movement. A war on “woke” is essentially a war on decency, compassion and basic humanity and an attempt by the intolerant to distract us all from fighting against inequality in all its forms.
The UNISON City of Edinburgh Branch LGBT+ Officer is currently advocating for the City of Edinburgh Council to create gender-neutral toilet spaces in workplaces in addition to existing facilities.
UNISON City of Edinburgh Branch believes that all people regardless of their gender or gender reassignment be able to use safe toilet spaces while at work.
UNISON City of Edinburgh Branch LGBT+ Officer will continue to advocate for the City of Edinburgh Council to adopt interim HR, management and staff guidance (while awaiting UK Government advice, expected in summer 2025) to protect trans people in the workplace with a commitment to develop a rigorous policy as soon as practicable afterwards
UNISON already has a model Trans Policy document. For colleagues and members who do not work for the City of Edinburgh Council and would like their employer to adopt such a policy, please get in touch with your workplace representative for help in adoption. You can view the model policy here: UNISON – Model Trans Policy or email out@UNISON.co.uk with any queries.
If you are experiencing difficulty at work, please speak to your UNISON representative.
Yours in solidarity and with empathy for all effected members
Ian Ludlam, Branch Chair & LGBT+ Officer
Lynn McLaughlan, Branch Women’s Officer