The Supreme Court’s judgment provides clarity on the legal definition of man, woman and sex in the Equality Act 2010. The decision is complex, and the Supreme Court was clear that it should not be considered a victory for one group over another in society.

The Royal College of Nursing (RCN) is carefully considering the decision, the impact on our members, and the information, support and advice that we provide.

The RCN is an anti-discrimination organisation and supports and represents the rights of all our members. Our five-year equity, diversity and inclusion strategy sets out our ambition to encourage greater inclusion, diversity, and equitable support in meeting the needs of all our members. We support the rights of women and trans people, and we strive to ensure that all members experience positive, safe, and discrimination-free workplaces and, moreover, society generally.

Employers must engage in constructive dialogue and carefully consider what action they need to take to ensure they comply with their legal obligations. The RCN is committed to working with employers to find solutions that ensure the needs of women and trans people are accommodated and that they are not discriminated against.

The Equality & Human Rights Commission has been tasked with developing a statutory code of practice, and we await that as a matter of urgency. When further guidance is issued, we will consider the implications for the information, support and advice we provide. An interim update on the practical implications of the judgment was provided by the commission.

We appreciate that members may be concerned and unsure about what this judgment means for them, and we encourage any members experiencing discrimination or harassment at work to contact us for further help and support.