The EHRC Has Recommended that the Term 'Sex' in the Equality Act Be Redefined to Mean Biological Sex
To keep up with society's progress around issues of sex and gender identity, the Equality and Human Rights Commission has highlighted that with 'sex' not being defined in the Equality Act, the protection it offers trans people is not clear.
On 4 April 2023, a letter was published to Kemi Badenoch MP, Minister for Women and Equalities, recommending that the term 'sex' be redefined to mean biological sex. The recommendation was made in response to a request by Ms Badenoch for the Equality and Human Rights Commission (EHRC)'s opinion on whether the meaning of 'sex' in the Equality Act 2010 was sufficiently clear.
In the EHRC's view making this amendment will have more positive effects than negative. However, it recognises that before any change is made the Government would need to think through the implications carefully, mentioning in particular the Public Sector Equality Duty and the potential impacts on trans men and trans women.
There is no planned change to the Equality Act at this stage but the EHRC's letter highlights the ongoing debates and societal change in this area of equalities law.