Edinburgh — Scotland’s education sector is in a state of legal limbo following a landmark UK Supreme Court ruling that redefined “woman” under the Equality Act, as teachers warn they are being forced to navigate single-sex space policies without clear legal guidance.
The Scottish Secondary Teachers Association (SSTA) has called on the Scottish Government to immediately withdraw its 2021 guidance on supporting transgender pupils in schools, arguing that it is now incompatible with UK-wide law. The union says the updated legal definition of sex — as biologically defined — means schools must comply with the Equality Act 2010 immediately, not wait for future guidance.
Teachers Left “Hanging On”
Gordon West, a deputy headteacher and member of the SSTA’s equalities committee, voiced the union’s frustration in stark terms.
“We know from the Supreme Court ruling that the 2021 guidance is no longer compliant with the law. Yet we are being kept waiting and we are being kept hanging on.”
West said that the lack of updated policy is leaving schools vulnerable to legal risk and uncertainty, particularly ahead of the summer P7-S1 transition period, when parents will raise questions about the use of changing rooms and toilets in secondary schools.
“Very soon, the P7 children and parents will be coming into secondary schools… and they will be asking what is happening with changing rooms.”
The SSTA argues that teachers do not have the luxury of delay, especially given that the court ruling effectively reset the legal obligations of all institutions under the Equality Act.
Government Response: “State of Readiness”
The Scottish Government, however, insists it is taking the matter seriously. A spokesperson said ministers are preparing for the expected summer update to the Equality and Human Rights Commission (EHRC) Code of Practice, following the Supreme Court ruling in For Women Scotland v The Scottish Ministers.
“The Scottish Government has established a Short Life Working Group to ensure support and consistency across government,” the spokesperson said.
“This work will position us towards a state of readiness to take all necessary steps when the EHRC’s code of practice and updated guidance are published.”
But critics say this wait-and-see approach is insufficient. The SSTA believes the legal duty to act is immediate, and that guidance incompatible with the ruling should already be withdrawn.
Holyrood Moves First
The Scottish Parliament has already taken action. Following the court decision, trans women are no longer permitted to use women’s toilets at Holyrood, and a gender-neutral facility is being installed to accommodate other needs.
Teachers and unions are questioning why ministers have not applied similar urgency in the school system.
“If the Scottish Parliament can make decisions on this, why can’t the Scottish ministers?” asked West.
Clashing Priorities
The issue has ignited deep tensions between different teaching unions. While the SSTA is focused on compliance with the law and clarity for staff, NASUWT has warned that the ruling could fuel hostility toward transgender and non-binary teachers.
At its recent annual conference, NASUWT delegates raised concerns that the redefinition of sex could embolden anti-trans sentiment in school communities and argued for protections to be reinforced, not weakened.
They also called for gender-neutral facilities to remain accessible to transgender pupils uncomfortable using spaces aligned with their sex assigned at birth.
Legal Context: A Split Interpretation
The Supreme Court’s December 2024 ruling clarified that biological sex defines the meaning of “man” and “woman” in the context of the Equality Act — a decision that reversed Scottish Government guidance that previously allowed self-declared gender identity to determine access to single-sex services.
In delivering the judgment, Lord Hodge emphasised that trans people remain protected under the Equality Act’s provisions for gender reassignment.
“Trans people are a vulnerable and often harassed minority,” he said. “They struggle against discrimination and prejudice as they seek to live their lives with dignity.”
While the judgment reaffirms legal distinctions based on sex, it also maintains that direct and indirect discrimination against transgender individuals remains unlawful under the Act.
This legal nuance has left schools in a grey zone — caught between ensuring lawful access to single-sex spaces and meeting their equality duties toward trans pupils.
Political Fallout
The ruling has had wider political consequences for the Scottish Government, which had strongly supported self-identification policies and passed its Gender Recognition Reform (Scotland) Bill — later blocked by Westminster.
The forced reversal on how “sex” is defined under equality law has forced SNP ministers to rethink guidance across multiple sectors, from prisons to education.
First Minister John Swinney recently confirmed that sex-based rights guidance is being developed in response to the court’s judgment. But critics say the pace is too slow, especially for public-facing sectors like education where day-to-day decisions have immediate consequences.
