EXPERT WITNESS: Gender reassignment in the Supreme Court

An OH professional’s guide to the implications of the 2025 Supreme Court decision

Summary:

In the second of two articles on gender matters in occupational health, Diana Kloss explores the implications for employers, and those advising them, arising from the Supreme Court decision in For Women Scotland v The Scottish Ministers. She also examines relevant legislation and case law.

The decision of the UK Supreme Court in For Women Scotland v The Scottish Ministers has given rise to widespread debate, and some anger among the trans community, but has sometimes been misunderstood. This article seeks to explain the judgment and its wider implications for employers.

 

Professor Diana Kloss MBE is a barrister, former part-time employment judge, and author.

 

Author: Kloss D

Tags case law Equality Act 2010 gender harassment law

Occupational Health at Work August/September 2025 (vol. 22/2) pp17-21

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