"Davies said the case shows that, despite the Supreme Court's ruling, "employers still retain discretion, for example under the Workplace (Health, Safety and Welfare) Regulations 1992, to adopt inclusive policies for shared facilities". They added: "Tribunal ruled that identity-based access was a 'proportionate means of achieving a legitimate aim', which means inclusion remains legally permissible. Nothing in the current law makes exclusion mandatory.""
"April's Supreme Court ruling deemed that the 2010 Equality Act's definition of sex referred to 'biological sex' and its definition of a woman related to a 'biological woman'. In light of this, Equality and Human Rights Commission (EHRC), which regulates equality law in the UK, has issued updates to its code of practice on single-sex service provisions to the UK government. The updates are expected to exclude trans people from gendered facilities consistent with their gender identity."
"One notable feature of the judgment is the Tribunal's recognition that strict biological-sex allocation can produce categories such as 'putative women' and 'putative men', which do not reflect how workplaces function in practice. This pragmatic observation forms part of the proportionality analysis."
April's Supreme Court ruling interpreted the 2010 Equality Act's definition of sex as 'biological sex' and defined 'woman' as 'biological woman'. The Equality and Human Rights Commission has issued updates to its code on single-sex service provisions, with updates expected to exclude trans people from gendered facilities consistent with their gender identity. An employment tribunal dismissed Maria Kelly's case against her employer over allowing a trans co-worker to use toilets. The tribunal found identity-based access could be a proportionate means to achieve a legitimate aim, leaving inclusion legally permissible and employers with discretion to adopt inclusive policies.
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