In April 2025, the Supreme Court ruled on the legal definition of sex in the Equality Act 2010. Following the judgment, we issued a position statement affirming our commitment to being an anti-discrimination organisation that is committed to advocacy, listening, inclusion and safety for all members. This commitment remains.
 
Through member engagement since the judgment, we’ve heard diverse views, as well as a number of concerns and questions. We want to promote tolerance, listening and understanding as we navigate our way through a difficult, complex and developing terrain together.
 
The Equality and Human Rights Commission (EHRC) has now produced a revised draft Code of Practice for Services, Public Functions and Associations reflective of the Supreme Court's judgment and other changes including protection for women whose menopause has a significant impact on their everyday life, legislative changes regarding same sex marriage and clarification that women who breastfeed are also protected from harassment. The draft code is currently subject to review by the UK Parliament.1

It is vital that we take time to analyse the updated Code and the detail of what has been published today and consider carefully how it impacts our members and the care they provide.
 
We acknowledge the Supreme Court judgment on the legal definition of sex in relation to the Equality Act 2010. We recognise the ongoing tensions regarding how this judgment will be applied in society. We acknowledge this complexity rather than shy away from it and we will not discriminate in how we approach the protection of all our members’ rights. We note the draft code’s guidance in respect of the provision of single sex spaces.
 
Hate and discrimination on the grounds of any protected characteristic must never be tolerated or normalised, and we urge compassion and respect for all.
 
Since the Supreme Court judgment, we have seen increased public hostility and acts of discrimination towards the trans community. This is unacceptable, as is discrimination against any other group because of a protected characteristic.
 
It is essential that central guidance from all health departments is published without delay. That guidance must be unequivocal in setting out how health and care services should apply the updated EHRC code in order to maintain the safety and dignity of all patients. It is also essential the Nursing and Midwifery Council provides clarity to registrants in this area, so that nursing staff are clear on how the Supreme Court judgment and EHRC code for service providers impact their professional standards of practice and the behaviour expected of them.
 
Ultimately for nursing staff, the key focus must always be to deliver safe, compassionate care to all, upholding dignity regardless of a patient’s protected characteristics, with reference to the NMC Code.
 
We appreciate that members may be concerned and unsure about what this means for them, and we encourage any members experiencing discrimination or harassment at work to contact us for further help and support.
 
Footnote
1 The remit of the EHRC covers England, Scotland and Wales only. In Northern Ireland, the Equality Commission for Northern Ireland is currently considering the implications of the UK Supreme Court judgment in relation to its remit