What Recent Tribunal Verdicts Clarify About Trans Inclusion in the Workplace
Two significant judgments have been handed down in recent weeks – the Sandie Peggie verdict and the Leonardo UK ruling. Both cases were brought by individuals with ‘gender critical’ beliefs. Both were framed in public debate as tests of whether the 2010 Equality Act now requires the exclusion of trans women from women’s spaces, and in both cases, the claim that all women’s spaces should ban trans women has been rejected.
No Blanket Bans on Trans People
The tribunals were clear that the Supreme Court’s ‘For Women Scotland’ decision does not create a blanket ban on trans women in women’s services or workplace facilities. The judges stressed that the Equality Act already contains a structured approach for considering competing rights. Situations must be assessed on a case-by-case basis, with attention to evidence, context and proportionality. The law requires nuance. It does not permit blanket rules that exclude people as a group.
Crucially, the Equality Act does not mention toilets or changing rooms. There is no section of the Act that requires organisations to bar trans people from everyday spaces. Instead, employers and service providers must look at all relevant protected characteristics in the round. This includes age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The courts have been clear that intersectionality matters. Real life situations often involve more than one protected characteristic, and the legal tests are designed to balance competing interests with care.
Clear Policies are Vital
A clear pattern is emerging across recent cases brought by ‘gender critical’ claimants. Where courts have found in their favour, the reason has usually been procedural. Organisations either lacked clear policies for managing philosophical beliefs, or they failed to follow their own processes. Since the Forstater judgment, ‘gender critical’ beliefs are protected. However, the courts have repeatedly underlined that protected beliefs cannot automatically be manifested in ways that harm colleagues who also have protected characteristics. Protection does not include a right to misgender someone or to create a hostile environment.
For employers, the lesson is straightforward. The first priority is to have robust, up to date and legally compliant policies that reflect the Equality Act and wider employment law. The second is to apply those policies consistently. The organisations most vulnerable to litigation have been those with unclear procedures, or those that acted informally without following the steps they had set for themselves.
This is not only relevant to the protected characteristic of gender reassignment. Any workforce includes people with a range of protected characteristics that can sometimes pull in different directions. Good policy and good process protect everyone. The Equality Act already provides the framework for balancing these situations, and the courts have reinforced that this needs careful, individualised assessment rather than broad exclusions.
Case-by-Case Legal Review Advised
GIRES encourages organisations to seek expert legal advice when developing or reviewing policies, especially in this rapidly evolving area. We can signpost to lawyers with specialist knowledge of the Equality Act and employment law, particularly as it intersects with the protected characteristic of gender reassignment. It is also advisable for organisations to ensure that they hold appropriate insurance cover so that they are supported if legal claims arise.
The message from the courts is now consistent. There are no blanket rules. There is no automatic exclusion of trans people from facilities or services. The Equality Act continues to operate on a case-by-case assessment, guided by proportionality and evidence. Employers who build strong, lawful policies and apply them carefully will be well placed to support all their staff, uphold everyone’s rights, and navigate these issues with clarity and confidence.
GIRES remains committed to offering reliable information, accessible training and evidence-based guidance for educators, employers, service providers and policymakers. We will continue to promote approaches that uphold dignity, equality and human rights for all trans and gender-diverse people.