Supreme Court Ruling: BITC Business Response Forum insights
Supreme Court Ruling: BITC Business Response Forum insights
In light of the recent UK Supreme Court ruling that the definition of ‘sex’ in the Equality Act 2010 refers to biological sex, Business in the Community (BITC) hosted a Business Response Forum, convening members to discuss their concerns, responses, and next steps.
The forum provided a safe space for diversity and inclusion practitioners to share how their organisations are interpreting and responding to the ruling and discuss what support their organisations need to move forward.
Why we brought businesses together
The ruling has introduced new complexity into workplace equity, diversity, and inclusion (EDI) efforts, particularly for the inclusion of trans employees. The aim of our Business Response Forum was to:
- Understand how organisations are responding to the Supreme Court’s ruling.
- Identify common challenges and concerns.
- Explore how BITC can offer short-term and long-term support.
Key insights from the discussion
1. A cautious, values-led approach is being adopted
Most organisations are hesitant to make major changes until formal legal guidance is issued. When considering their approach, many organisations are looking at the Equality and Human Rights Commission’s interim update, though many acknowledge that this is not legally binding.
Despite the uncertainty, employers are reaffirming inclusive values, particularly their commitment to trans inclusion, with many organisations communicating a ‘no change for now’ message to their employees internally.
2. Facilities and physical spaces are a challenge
Facilities remain one of the most difficult areas in a workplace to navigate, especially existing facilities in older buildings, shared workspaces, and locations that lack gender-neutral or accessible bathrooms and changing facilities.
Organisations are beginning to map out their current facilities to see what might need to change and explore how to provide safe, respectful, and legal options for all employees.
3. Support for employees is a priority
Many employers are increasing their support for trans and non-binary employees by:
- Hosting listening circles and safe spaces to ensure that these colleagues’ voices and concerns are heard.
- Offering 1:1 check-ins and private peer networks.
- Sharing wellbeing resources and Employee Assistance Programmes.
- Providing visible allyship from senior leaders, including joint sponsorship between LGBTQIA+ and women’s networks.
Some organisations are also allowing time for employees to process the ruling before diving deeper into emotionally charged conversations around concerns and next steps.
4. Policy changes are on hold, but reviews are underway
While few formal policy updates have been made, internal reviews are ongoing. Some organisations have legal teams that are auditing documentation and assessing risk, while some are shifting their language from a focus on gender identity to a focus on ‘privacy’ and ‘dignity’. Many organisations are reviewing signage and layout in facilities to support inclusion while reducing risk.
5. Concerns for the future
The biggest long-term worries include:
- Legal ambiguity and risk of misinterpretation.
- Employee trust and psychological safety, particularly among LGBTQIA+ staff.
- Reputational risks, whether organisations speak out or remain silent.
- Conflict between beliefs and identities, making policy enforcement difficult.
- Alignment with global practices, especially for multinational employers.
What support do businesses need from us?
Business Response Forum participants identified several key areas where BITC could add value and support them with their short-term and long-term needs:
- Clarity and interpretation: provision of easy-to-understand breakdowns of legal rulings and guidance.
- Practical resources: provision of tools to support inclusive policy, design, and language.
- Facilitation advice: support with running emotionally sensitive internal conversations.
- Long-term planning: guidance on managing change over time, including training and risk mitigation.
- Peer learning opportunities: support with establishing cross-business spaces to share challenges and discuss solutions.
- Stronger advocacy: support with devising coordinated responses and external positioning on future policy changes.
What’s next?
We are currently reviewing how we can best support our members during this period of uncertainty. As further legal guidance emerges, we will continue to convene businesses, offer insights, and provide tools to help organisations maintain inclusive, safe, and values-driven workplaces.
If your organisation would like to contribute to future Business Learning Forums and you’re not a member, get in touch with BITC’s Advisory Services Team or join us to become part of the UK’s largest Responsible Business Network, dedicated to creating a fairer world for everyone.
WE CAN SUPPORT YOU WITH YOUR EQUALITY, DIVERSITY AND INCLUSION STRATEGY
