Legal Protection for Gender Identity and Trans Rights

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Conference
2025 National LGBT+ Conference
Date
23 July 2025
Decision
Carried

Conference notes the United Kingdom (UK) Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers, which stated that the protected characteristic of “sex” in the Equality Act 2010 refers to biological sex.

The subsequent interim guidance issued by the Equality and Human Rights Commission (EHRC) has caused chaos in many workplaces and has left our trans members feeling more vulnerable at work. Politically, many trans, non-binary and gender diverse (TNBGD) people feel let down by the current political discourse that has ensued since the judgment.

Conference is of the opinion that the Equality Act 2010 is outdated in many areas, particularly regarding gender identity. It no longer reflects the experiences of many LGBT+ members as it excludes “gender identity” as a protected characteristic.

Conference believes that solidarity with TNBGD people must be a matter of principle for the trade union movement, just as we oppose racism, sexism and ableism. Trans inclusion is a workplace issue as well as a societal issue.

Conference believes that the law must evolve and modernise, particularly around gender identity which leads to greater protection for TNBGD people. A campaign to change the law to achieve this is necessary.

Equality for trans, non-binary and gender-diverse people is a trade union, workers’, and human rights issue. Everyone has the right to live and work free from discrimination and harassment, regardless of gender identity.

Conference calls on the National LGBT+ Committee to:

1)Work with Labour Link to lobby the UK Labour Government to follow their manifesto commitments on trans rights;

2)Campaign for the introduction of comprehensive legislation for better protection from discrimination, harassment, and victimisation for TNBGD people;

3)To lobby the UK Government to introduce self-declaration for TNBGD people in line with many other Western nations.