Response to Supreme Court ruling on the Equality Act

This is a statement on behalf of Leeds and York Partnership NHS Foundation Trust (LYPFT) following the UK’s Supreme Court ruling that people’s sex is defined by biological sex under equalities law. This marks the culmination of a long-running legal battle which we expect will have implications for how sex-based rights apply across the country, and specifically for public sector bodies including the NHS.

It is important to stress that UK law has not changed. The Equality Act 2010 is still the UK’s law that prohibits discrimination, harassment, and victimisation on the basis of nine protected characteristics. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. As a Trust we continue to stand behind this law and its principles.

Bridget Phillipson MP, the Minister for Women and Equalities, made a statement in the House of Commons in response to the Supreme Court ruling on 22 April. You can read the transcript of her speech on the UK Parliament website. At LYPFT we host national Gender Identity Services across England, as well as employing many LGBTQ+ staff including those from the trans, non-binary and intersex communities. Therefore, we felt it was important to highlight these key passages from her speech:

“I know that many trans people will be worried in the wake of the Supreme Court ruling, so I want to provide reassurance here and now that trans people will continue to be protected. . . We will work to equalise all existing strands of hate crime, and we will review adult gender identity services, so that all trans people get the high-quality care they deserve. The laws to protect trans people from discrimination and harassment will remain in place, and trans people will still be protected on the basis of gender reassignment – a protected characteristic written into [the] Equality Act.”

We would also add that a Gender Recognition Certificate (GRC) is not required to be protected under the Equality Act 2010.

Our Gender Identity Services are still very much here – working hard to see and treat many people presenting with Gender Dysphoria. We are taking part in the national review referenced above, but we felt it was important to state we’re still very much open and operational. We will continue to see and treat trans people with the dignity and respect they both deserve and can expect under the current UK law.

What the Supreme Court judgement has changed is ‘how’ we protect people’s rights under the Act in future. That is something that thousands of public bodies, businesses and other organisations will be grappling with in the coming months.

In the NHS, we know that a full review of services will be required because previous guidance advised that trans patients should be accommodated according to their gender identity. NHS England is currently reviewing guidance on same sex accommodation, considering “all relevant legislation and the recent ruling”.

So, we will continue to uphold the principles of Equality Act and await further guidance from NHS England on what changes we, and the thousands of NHS service providers, will need to make.

Page last updated: 28th Apr 2025 9:39am