Supreme Court Judgment FAQs
Supreme Court Judgment: Frequently Asked Questions
On 16 April 2025, the Supreme Court clarified that references to “women” in the Equality Act 2010 refer to biological sex (meaning the sex of a person at birth), not gender. This means that certain sex-based rights and protections in the Equality Act 2010, including provisions allowing for positive action, apply only to individuals who are biologically female.
Importantly, this decision does not reduce or remove the legal protections against discrimination for those with the protected characteristic of gender reassignment. Trans individuals remain protected from direct discrimination and harassment under the Equality Act and the Labour Party will ensure that this is enforced. For example:
- A trans woman facing discrimination or harassment because she is trans may bring a gender reassignment discrimination claim.
- Harassment related to female appearance or to biological sex may also give rise to valid claims under existing law.
All members of the Party have pledged to act within the spirit and rules of the Labour Party in their conduct both on and offline, with members and non-members, stand against all forms of abuse, and to treat all those we encounter with respect and courtesy.
Like all other organisations, the Labour Party must ensure all Party procedures comply with the law. The National Executive Committee (NEC) has therefore agreed to undertake a review of the Party’s positive action measures to ensure that they remain lawful, effective, and inclusive. Pending the outcome of this review, positive action measures referring to women will be interpreted on the basis of biological sex in compliance with the Supreme Court judgment. The 2025 National Annual Women’s Conference will also be postponed pending the outcome of this review.
The NEC has reiterated its commitment to resolving any specific concerns with sensitivity and compassion; the Labour Party is clear that everyone in our society deserves to be treated with dignity and respect. The Party will work closely with individuals and local parties to implement the necessary changes with sensitivity and care.
If you or your local organisation have questions or require guidance, please do not hesitate to contact your regional or national office, or the Governance and Legal Unit as appropriate.
We have also included answers to a series of common questions below.
Frequently asked questions
Can we operate an All Women Shortlist (AWS) for our upcoming selection process?
The Party can use single sex shortlists lawfully only when biological women are underrepresented among the Party’s current cohort in the relevant legislative body. For example, the AWS provisions in the Rule Book may only be applied in local government selections where the Labour group is not currently comprised of a majority of biological women.
Can we include trans women in an AWS?
The Supreme Court judgement has clarified that all-women shortlists must be single sex. This means that only biological women are eligible to apply for selections run on the basis of the AWS provisions in in the Rule Book.
Our CLP/Branch will be holding elections for roles which specify a gender or sex quota or are a specified gender/sex e.g. Women’s Officer. What should we do?
As a result of the Supreme Court Judgment, the NEC has agreed that where a Party Policy, Rule or procedure refers to a “woman” or “women”, those references must be interpreted on the basis of biological sex. Therefore, only members who are biological womencan seek nomination or be elected to those positions.
We are nominating and selecting delegates to Party conferences and there are gender quotas in the Rule Book. What should we do?
You should continue to select your delegates for Party Conferences subject to any administrative deadlines. As above, where there are requirements for a proportion of delegates to be women or an alternate year delegate to be a woman, these references must now be interpreted on the basis of biological sex. Therefore, only members who were women at birth are eligible for these rules.
The same principle applies to all other quotas and requirements that relate to women in the Rule Book, including, for example, functional officers in CLPs or delegates to regional conferences.
Should we check eligibility for these positions and roles during nomination and selection meetings?
The NEC has set out a clear position in response to the judgment which has been widely communicated to members. We expect members to put themselves forward for these positions and roles only if they meet the eligibility requirements based on their biological sex.
We have been clear that the changes to our procedures as a result of the Supreme Court judgment must be implemented with sensitivity and care. Members should not make assumptions about another person’s eligibility or make unnecessary requests about birth sex as this could constitute discrimination or harassment.
If you have any questions about eligibility, you should seek the advice of your regional or national office, and/or the Governance and Legal Unit as appropriate.
Has the entitlement to attend Labour Party Women’s Branches changed?
As a result of the Supreme Court Judgment, the NEC has agreed that where a Party Policy, Rule or procedure refers to a “woman” or “women”, those references must be interpreted on the basis of biological sex. This means that the entitlement to participate in women’s branches and their associated activities applies to members who are biological women.
What is happening with National Women’s Conference this year?
The NEC has agreed to postpone National Women’s Conference 2025 pending a wider review of the Party’s positive action measures. The terms of office for the current National Women’s Committee and Women’s Conference Arrangements Committee have been extended until such a time as it is possible to hold a National Women’s Conference to allow elections for these positions to be conducted.
The NEC agreed that an event will be held on Saturday 27 September 2025 for delegates who planned to attend National Women’s Conference.
The Party will provide further information to delegates about arrangements for this event in due course.
Can we discuss the decision of the Supreme Court at a Branch/CLP meeting?
We recognise that the judgment of the Supreme Court in this matter is of significant importance to many members. Discussions on the decision of the Supreme Court may be competent business for CLP or Branch meetings but motions that advocate that the Party take an unlawful position with respect to the Supreme Court judgment are not competent business for a CLP or Branch..
Any discussion of the Supreme Court judgment must be conducted with sensitivity, respect and compassion. Behaviour that does not reflect our shared values as a Party and may breach our rules or codes of conduct will be dealt with via the Party’s complaints procedures.
I am concerned about a trans member and the impact of the judgment on them, what should I do?
If you are concerned about the safety or wellbeing of a member, you can contact the Party’s Safeguarding Unit by email at [email protected] or by telephone 0207 783 1134 for advice and support.
What is the Party doing to support trans members?
The Supreme Court judgment does not reduce or remove the legal protections against discrimination for those with the protected characteristic of gender reassignment. Trans individuals remain protected from direct discrimination and harassment under the Equality Act 2010. The Labour Party will ensure that these provisions are enforced and that trans members are treated with dignity and respect.
The NEC has agreed to undertake a review of the Party’s positive action measures to ensure that they remain lawful, effective, and inclusive. The review will consider what underrepresentation exists in relation to each protected characteristic in the Equality Act 2010, including gender reassignment. It will also recommend positive action measures that can be put in place to address any underrepresentation.
I am concerned about the behaviour or conduct of a member towards another member. What should I do?
The Party expects its members to abide by the spirit and letter of its rules and to exhibit our shared values of solidarity, tolerance and respect at all times. We encourage people to report behaviour by our members that may constitute a breach of our rules or does not reflect our shared values.
Complaints can be reported at Complaints – The Labour Party.
What should I do if something comes up that isn’t covered in these FAQs or is particularly sensitive?
If you encounter a situation that isn’t covered by these FAQs or you need further advice on an issue that is covered by these FAQs, you should contact your regional or national office or the Governance and Legal Unit as appropriate for further advice.
You can get in touch with the Governance and Legal Unit at [email protected]