In theory, the For Women Scotland ruling was a victory for the rights of women and girls.
The UK Supreme Court’s landmark judgement on 16 April 2025 clarified that the term “woman” in the Equality Act 2010 refers to biological sex. Last week, women gathered in Parliament to celebrate the first anniversary of this ruling, which should have marked the end of years of confusion over single-sex protections.
The Minister for Women and Equalities has finally confirmed that the Government intends to lay the Equality and Human Rights Commission’s updated code of practice before Parliament after the local elections. The guidance will require businesses and public bodies to protect women-only spaces.
This announcement is long overdue. A hidden hierarchy of rights persists in many workplaces, with the rights of biological men who identify as women being prioritised over the rights of actual women. Hospitals and sports centres are still allowing biological men into female-only spaces. Even parts of the civil service, which is supposed to be the bastion of political neutrality, are still allowing trans-identifying males to use female toilets. Government departments ought to be leading by example, not presiding over unlawful and out-of-date policies.
The Government’s delay has come at a real cost to women. I recently hosted Jennifer Melle and the Darlington nurses for a roundtable, where they gave deeply moving testimonies. They are dedicated NHS professionals, not campaigners, yet they were hounded at work and dragged through the courts, simply for stating a basic biological fact. Some of them are mothers of young children, carrying the strain not just at work, but also at home.
After Jennifer Melle referred to a biological male and convicted paedophile as “Mr”, she was suspended for two years and threatened with revocation of her licence to practice. Where was her nursing union, which should have stood with her in her hour of need? It was missing in action – afraid to counter the wokeness within.
When we compare Melle’s case with the Darlington nurses’ case, we can see a pattern emerging. After a biological male was allowed to use their changing room, the Darlington nurses raised legitimate concerns about privacy and safety. In response, they were told they needed to be “re-educated” and to “broaden their mindset”.
Despite these nurse’s subsequent legal victories, the punishment has been in the process. The result is a chilling effect. Other women are self-censoring, forced to choose between telling the truth and keeping their jobs. Understandably, they often decide that it is simply not worth the risk.
Bethany Hutchison, one of the Darlington nurses, said: “A culture of fear took over, not among those breaking safeguarding norms, but among the women raising concerns. Many vulnerable colleagues, often the breadwinners in their households, felt intimidated into dropping their complaints, until only eight of us remained.”
Regarding the situation in Northern Ireland, the possibility that the Windsor framework could create divergence on something as fundamental as the definition of a woman raises serious questions about sovereignty and equal rights. It is extraordinary that we are even contemplating a different application of this ruling compared to the rest of the UK.
Ultimately, the Government must move beyond warm words. In addition to laying the EHRC’s revised code of practice, two other urgent actions are required.
Firstly, we need clarity for workplace regulations, which will not be covered by the code of practice. Employers must be left in no doubt that single-sex spaces are reserved for people of the same biological sex, and that no employee should be compelled to use a person’s preferred pronouns.
Secondly, the Secretary of State for Health and Social Care must issue guidance on single-sex spaces in the NHS specifically, having initially promised to do so “within weeks” of the judgement.
One year later, those on the frontline are being left to navigate these complex and sensitive issues alone. Silence is not neutral; it sends a clear message that women’s rights come second to political sensitivities and noisy activists.
Biological sex matters. No amount of paperwork or self-identification can change this reality. Yet a ruling that exists only on paper is not enough. The Government must act now to ensure that women are heard, protected and respected.
