PCS response to Supreme Court judgment on the Equality Act 2010
PCS is carefully assessing the Supreme Court's recent judgment regarding the legal definition of sex within the framework of the Equality Act 2010. The court ruled that the terms "woman," "man," and "sex" in the Equality Act refer to biological sex.
The Supreme Court has emphasised that its judgment is not a victory for any one group at the expense of others.
The union is undertaking a thorough review of our policies and practices to ensure they remain both legally compliant and fully inclusive. As the judgment spans 88 pages, and likely interacts with several other regulations, this will take some time. PCS is committed to carefully examining its potential implications and consulting with all affected groups.
The current interim guidance published by the EHRC, is clearly not fit for purpose and is damaging in its advice and will be impossible to implement. PCS is committed to a thorough response to the announced consultation and to campaign so that any guidance issued puts support and dignity for all at its heart.
As an equalities-focused union, PCS remains steadfast in promoting and championing the workplace rights of women, trans, and LGBT+ workers. We will continue to advocate against discrimination and harassment both in workplaces and in wider society. The union will explore ways to best support and address the needs of women and trans individuals in light of the court's decision.
However, PCS acknowledges that some members, particularly Trans and non-binary members will be facing worry and uncertainty following the judgement, and the implications which may unfold. The union stands ready to provide support to all members to live their lives free from harassment and discrimination and reaffirms that intimidation and intolerance will never be accepted in PCS.
Fran Heathcote Martin Cavanagh
General secretary President