That is what we all are: human. And we need to be humane, having understanding and empathy at the very heart of our words, actions and interactions.
It’s currently a difficult time for many people following the UK Supreme Court ruling on 16 April 2025, which proclaimed the legal definition of a woman is based on biological sex, and that "the concept of sex is binary".
Read more: How HR can create a trans inclusion policy
A legal decision such as this must not be seen as something which creates winners and losers; we all have the responsibility to ensure that dignity, compassion and support are the terms which resonate in the aftermath of this ruling. Indeed, Judge Lord Hodge stressed that the ruling should not be seen as "a triumph of one or two groups in our society at the expense of another".
We must also be reminded that transgender individuals are already protected under the Equality Act 2010, through the protected characteristic of gender reassignment. Despite this, we know that individuals are feeling unsettled and, in some cases, unsafe.
At Inclusive Companies, we stand firm in our unwavering support of trans, inter-sex and non-binary people. Legal definitions do not define someone’s humanity, dignity or worth. We recognise the anxiety and distress rulings like this can trigger, especially for those who are already navigating bias or invisibility in everyday life.
Allyship isn't optional, it’s essential
The ruling has sparked a range of responses. From concern and fear within trans, non-binary and inter-sex communities to legal interpretation from policymakers and campaigners. Regardless of position, what’s clear is that this decision may impact how many trans people feel seen, safe and included in everyday life, which clearly includes the workplace.
Read more: How will the Supreme Court's gender ruling impact HR leaders?
Employers, please use your platform – as a CEO, colleague, manager or HR lead – to demonstrate support for your trans, inter-sex and non-binary team members. This is a time for empathy, visibility and leadership: here are some suggestions to help ensure you look after your colleagues while navigating the legal implications of the ruling.
Looking after colleagues
Acknowledge what has happened
- Send a message of solidarity to staff and explicitly affirm that your workplace supports trans, inter-sex and non-binary individuals.
- Don’t keep silent: it can feel like complicity. Even a short internal post or update can go a long way.
Reaffirm policies and culture
- Ensure that your diversity, equity ad inclusion (DEI) policies explicitly mention gender identity and gender expression.
- Communicate your zero-tolerance approach to discrimination or transphobia; these have absolutely nothing to do with shifts in the legal landscape.
Create space for support
- Offer safe spaces, listening circles or check-ins hosted by internal DEI groups or trained HR leads.
- Encourage managers to check in one-to-one with LGBTQ+ team members who may feel impacted by the news.
- Show you are listening: people need to know that their voice and experience matter.
Read more: How can HR be a trans ally?
Provide education and resources
- Share educational tools about trans, inter-sex and non-binary inclusion, especially for allies.
- A quick ‘refresher training’ on gender identity, legal rights and respectful language will go a long way to ensuring everyone understands the situation.
Signpost to other services
- Promote access to employee resource groups (ERGs) or mental health resources.
- Signpost external organisations like Stonewall, Scottish Trans and MindOut.
Navigating the legal implications
The new ruling means that employers are required to review policies, practices and communications to reflect this newly clarified legal position. These are the first priorities, and it’s worth checking in with a legal expert to ensure clarity and accuracy.
- Review HR resources and DEI policies.
- Ensure the language reflects the legal definition of sex.
- Update training content to explain the clarified legal definitions of 'sex' and 'gender reassignment' under the Equality Act.
- Refresh training to equip managers to handle sensitive conversations with empathy.
At the end of the day, trans rights are human rights. Regardless of external rulings, your workplace must stand with every employee’s right to be their authentic self.
