Navigating equality law after the Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers

Understandably, many individuals and organisations are now questioning what the Supreme Court’s decision means in practice.

From trans people worried about their legal protections and human rights, to service providers unsure about when and how they can lawfully apply single-sex policies—the uncertainty is widespread.

The Equality Act has always required a careful balancing of rights. This decision doesn’t remove that responsibility and there is complexity in its application. In fact, it reinforces the importance of context, proportionality, and lawful justification when making decisions that involve the protected characteristic of sex.

Whether you're a service provider, charity, school, employer, or individual, we can help you:

• Understand how the judgment affects your legal rights and obligations
• Review and, if necessary, revise your policies to ensure they remain legally sound
• Manage risk while remaining true to your organisation’s values
• Navigate difficult decisions around single-sex spaces and trans inclusion
• Respond confidently and lawfully to questions from staff, service users, or trustees

We don’t offer one-size-fits-all answers. We offer practical, tailored advice on the application of the law—to help you make informed decisions with clarity and care.

We understand that this judgment has raised important legal questions and questions of practical application—for people and organisations.

In navigating complex and sensitive issues, where values, rights, and responsibilities may intersect, we are here to support you in making informed and lawful decisions.

Russell-Cooke’s public law litigation team represented Amnesty International UK in this case. They work closely with our specialist charity and discrimination lawyers to give clients the benefit of deep expertise in equality law and its practical application.

• What are my individual/human rights following this ruling?
• Do we need to change how we run or structure our services?
• How does this affect our single-sex provision or trans inclusion policies?
• We’re a charity for women – can we continue to provide services to trans women?
• Our membership association is only open to women, does this mean we have to admit trans men because they would be classed as “biological” women?
• Can we require our staff to use people’s preferred pronouns?
• Are we at risk of unlawful discrimination—in either direction?
• What practical steps should we take to remain compliant and respectful of all rights?

Whatever your question, we offer clear, balanced guidance advice to help you navigate options and potential risks.