What the Supreme Court ruling on the definition of 'woman' means — and why clarity helps us all move forward

This week’s Supreme Court ruling, confirming that the term "woman" can, in certain legal contexts, refer to a "biological woman," provides welcome clarity in an area that has become increasingly complex for both employers and individuals.

In my work, I’ve seen how the absence of clear legal guidance in this space has left many people feeling uncertain, anxious, afraid to come forward, and even exposed. Rarely due to any lack of goodwill, many employers have struggled to navigate competing rights, while individuals have found themselves unsure of where they stand. Rather than being a topic we bring into the open for constructive advancement, it has too often felt like a raging argument — with silence seen as the safest course. For that reason, I see this judgment as a positive step forward.

In my comments to The Telegraph on 17 April 2025, I described this as a “horrible” debate. Not because the issues aren’t deeply important — they are — but because the lack of certainty has led to unnecessary conflict, confusion, a lack of consensus, and a lack of progress. When the law is unclear, it becomes harder for people to make fair, lawful decisions. And it becomes harder still for those seeking protection to know what their rights truly are — and indeed, whether they have any legally enshrined protection for their identity at all.

This ruling helps to close that gap. It doesn’t resolve every question, nor should it be seen as the end of the conversation. But it provides a more solid legal footing from which progress can continue — for everyone.

This must not be seen as a victory or a loss for either side. It remains vital that we continue to protect and advance the rights of trans people in the workplace. That work must not stop. Equally, the fight for women’s rights and equality of opportunity must continue. This work is far from finished. My hope is that this ruling allows us to move forward with greater understanding — recognising the real-world implications of these issues on individuals and organisations, and the ongoing need for respectful, inclusive workplaces.

For employers, this is a chance to bring policy and practice into line with the law — with both confidence and compassion. Employers should now be able to step forward and clearly state their policies and commitments toward supporting genuine gender equality within the framework of the law, without fear of being labelled as sitting at one extreme on either side of this debate. For those seeking protection — whether as women or as trans individuals — it offers a clearer framework for asserting their rights.

I cannot stress this enough: there is still work to be done — both from a legal and cultural perspective. But greater clarity allows us all to take the next step with more certainty and less fear. That, in itself, is progress.

— Emilie Cole
Founding Partner, Cole Khan