Sex, Statutory Interpretation and the Supreme Court: A Comment on For Women Scotland v Scottish Ministers for Employment Law and Practice
本文评论了英国最高法院关于《平等法2010》中“性别”指生物性别的裁决，分析了其对雇佣法、工作场所设施、职业要求和薪酬的影响，指出权利平衡仍复杂且依赖具体情境。
Abstract The Equality Act 2010 consolidates previous anti-discrimination legislation and protects individuals from discrimination based on nine specified characteristics, including sex and gender reassignment. However, the scope and interpretation of ‘sex’ under the Act—specifically whether it denotes biological or legally certificated sex—has remained contentious. In For Women Scotland Ltd v Scottish Ministers, the UK Supreme Court held that ‘sex’ under the Act means biological sex, engaging section 9(3) of the Gender Recognition Act 2004. This commentary contextualises the ruling within employment law and practice, focusing on discrimination law (including the nature of group-based protections and the application of comparators), workplace facilities, occupational requirements and pay. The analysis concludes that the Court’s desire for clarity, consistency and the practical implementation of rights and duties under the Act was evident throughout its reasoning but the balance of competing rights in law and practice remains contextual and frequently complex.