The Union Workers’ Union (UWU) notes the recent decision by the UK Supreme Court in For Women Scotland Ltd v The Scottish Ministers (April 2025), which clarified that the protected characteristic of “sex” in the Equality Act 2010 refers to “biological sex”, and does not include transgender individuals, with or without a Gender Recognition Certificate.
Our position
We are proud to represent members with a wide range of lived experiences and we believe it is necessary to uphold the rights and dignity of all individuals in our workplaces, regardless of gender identity or sex.
Our Women’s Network, Sisters to the Front since its founding has always been, and continues to be inclusive for non-binary, trans and intersex members of our trade union family. A founding principle of Sisters to the Front is that we’re stronger together to tackle head on our shared experiences in our workplaces.
Our approach
We believe in dignity and mutual respect for all individuals. We will continue to respect an individual’s gender identity, just as we will continue to respect an individual’s sex based rights.
Call to action
Contrary to media reports, we do not believe that this ruling provides clarity on an important area of equality law. We want the law to recognise:
- gender identity as a protected characteristic
- the right to self-identify
- that sex is not binary
We call upon trade unions to uphold both gender and sex-based rights for all workers and for the government to bring about new legislation urgently to provide clarity and certainty for both women’s and LGBTQ+ rights.