In April 2025, the UK Supreme Court issued a landmark ruling clarifying that, for certain provisions under the Equality Act 2010, the term ‘sex’ refers to biological sex. While the ruling has sparked important conversations around legal interpretation, it also raises urgent questions about how organisations can make fair, inclusive decisions that respect the rights and dignity of trans men and women, particularly in contexts such as toilets, changing rooms, and body searches.
This is where the Equality Impact Assessment (EIA) becomes not just a compliance tool, but a vital framework for ethical and inclusive governance.
What Is an Equality Impact Assessment?
An EIA is a structured approach to assessing how a proposed policy, practice, or decision could affect different groups, especially those with protected characteristics under the Equality Act 2010.
Done well, it ensures that organisations:
- Anticipate and mitigate discriminatory impact
- Promote equality of opportunity
- Advance good relations between groups
- Support legitimate aims using proportionate, evidenced-based decision-making
The Current Challenge: Facilities and Trans Rights
Following the Supreme Court ruling, some public bodies may feel emboldened to exclude trans people from gendered spaces, often citing ‘biological sex’ as the basis. But this approach risks:
- Unlawful discrimination
- Erosion of dignity and safety for trans individuals
- Community backlash and reputational harm
- Policy decisions made through fear, not fairness
This is precisely why a robust EIA is essential, to pause, reflect, and ensure any decision is grounded in evidence, legal legitimacy, and ethical duty.
Five Key Benefits of Doing an EIA on Decisions Affecting Trans Inclusion
1. Demonstrating a Legitimate Aim
Under the Equality Act, differential treatment can only be justified if it pursues a legitimate aim and is proportionate. An EIA helps clearly define and evidence that aim, avoiding vague reasoning like “just in case” fears or public discomfort.
2. Avoiding Bias (Conscious and Unconscious)
Without an EIA, decisions may be influenced by:
- Stereotypes about trans people
- Fear of media backlash
- Institutional norms that reinforce exclusion
An EIA interrogates assumptions and ensures bias is acknowledged and addressed, not embedded into policy.
3. Engaging Diverse Voices
A meaningful EIA process involves consultation—especially with trans people, LGBTQ+ staff networks, and those with lived experience. This isn’t just good practice, it’s co-production in action. It ensures that decisions reflect real-world impact, not theoretical risk.
4. Preventing Legal and Reputational Risk
Organisations who act without evidence or due process may face legal challenge, especially under indirect discrimination claims. EIAs show due diligence and transparency, helping protect institutions from avoidable litigation and public backlash.
5. Reinforcing Organisational Values
Whether your organisation stands for dignity, inclusion, or fairness—an EIA puts these values into practice. It sends a message: “We do not exclude without cause. We listen, reflect, and act responsibly.”
EIA in Action: Practical Steps for Decision-Makers
To respond ethically to the ruling, public bodies and employers should:
- Review any policies or signage changes (e.g., single-sex spaces, safeguarding policies)
- Conduct or update their EIAs before implementation
- Document the reasoning: Is there a legitimate aim? Is it proportionate? Have alternatives been considered?
- Engage those impacted, especially trans staff, students, service users or volunteers
- Be prepared to pause, rethink, or adjust policies if adverse impact is identified
Conclusion: Inclusion Requires Intentionality
This ruling does not remove trans people’s rights, it reinforces the importance of intentional, lawful decision-making. Organisations who default to exclusion without scrutiny may find themselves on the wrong side of the law, and of history.
An EIA is not a tick-box exercise. It’s a vital safeguard to ensure decisions are fair, proportionate, and inclusive. Now more than ever, trans people deserve the dignity of being seen, heard, and protected. And organisations must rise to that responsibility.
Suggested Call to Action:
Need help conducting an EIA or making inclusive decisions in light of the Supreme Court ruling? Get in touch to access training, guidance, or a facilitated impact assessment session tailored to your organisation’s needs.