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Original poster

Equality Commission Northern Ireland says organisations should update policies in line with Supreme Court decision (?)

55 replies

IwantToRetire · 10/05/2025 19:52

Following the recent Supreme Court judgment, we advise all employers and service providers, and public bodies, to review any policies that the judgment may impact on.

As always, we encourage employers and service providers to come to us for advice relevant to their particular circumstances.

We are currently developing formal written guidance on this issue and we anticipate this will be published in June.

It is also important to remember that everyone has rights under equality law not to be harassed or discriminated in their employment, or when they are accessing many services and to be treated with respect as they go about their lives.

https://www.equalityni.org/Footer-Links/News/Employers-Service-Providers/Statement-on-Supreme-Court-Ruling

BUT

Its position confirms that laws are already in place and employers can act now. It says that it is “for each organisation to consider its own policies” and has not said employers must wait for its advice.

... they must do so lawfully and ensure they do not discriminate unlawfully against any person who has the protection of equality law.

“The guidance will be advisory guidance. It will outline advice that the Commission recommends. This will not be statutory guidance, meaning that it will not impose legal obligations on employers and service providers.”

https://www.newsletter.co.uk/news/politics/supreme-court-sex-ruling-northern-ireland-not-in-state-of-limbo-as-equality-commission-says-its-advice-will-not-be-statutory-5122022

So although they say should, it is left open to organisations to wait for written guidance in June?

But seems to imply the Supreme Court ruling does have impact on NI otherwise they wouldn't be updating guidance?

Although that the guidance will only be advisory and not a legal obligation?

Although:

A TUV spokesperson said “This is welcome clarification from the Equality Commission that the situation in Northern Ireland is not in a state of limbo.

“Organisations both can and should act to update their policies in line with the judgement of the Supreme Court which gives clarity on the defence of female only spaces such as toilets and changing rooms.

“One hopes that the political parties at Stormont and ideologically driven journalists who have peddled misinformation on this topic will take note - particularly ahead of a debate in the Assembly on Monday”.

(Dont know if that mean this monday as the only debate I can see listed is about Transphobia)

ECNI - News, Press Releases, Equality Commission, Northern Ireland

The latest news from the Equality Commission for Northern Ireland - an independent public body which oversees equality and discrimination law in Northern Ireland. It provides advice and promotes equality of opportunity on grounds of gender, age, disab...

https://www.equalityni.org/Footer-Links/News/Employers-Service-Providers/Statement-on-Supreme-Court-Ruling

OP posts:
Original poster
IwantToRetire · 11/05/2025 01:46

I'd bet money that the court will find the SC ruling applies to NI legislation

My understanding is that despite NI not being covered by the EA 2010 and having its own Equality Commission, does in fact use the Supreme Court as the final step of any appeal process.

So logically, should there be legal challenges it will end up in the end at the Court that has stated that sex is biological.

Unless of course some fundamentalist TRAs think they could start the process of a legal challenge to end up at the Supreme Court and somehow think that in their hearing the Court will rule that the current decision that sex equals biology was wrong!

You just don't know how out to lunch some of them are. Or rather so utterly convinced they are right.

(Just to be clear I am not in NI but this came up on another thread, and I found by accident the statement from the ECNI that was in fact released last month. Although as a statement it is as clear as mud.)

OP posts:
SionnachRuadh · 10/05/2025 22:58

Should this end up in the NI courts then I'd bet money that the court will find the SC ruling applies to NI legislation mirroring the relevant provisions of the EA2010, and any organisation saying "but the Rainbow Project told us it didn't apply" will be left without a leg to stand on.

I suspect the Alliance MLAs will sound off on Monday, but I don't imagine they'll get much support, except for Gerry Carroll who doesn't count.

NImumconfused · 10/05/2025 20:40

Also watching with interest, I'm in health which is totally captured, our EDI training insists trans people can do whatever they want and must never be questioned about it. Thank god I work in a team that's all middle aged GC women!!

YesYesAllGood · 10/05/2025 20:32

Watching this with interest. My employer has an utterly Orwellian trans policy which has no regard for the needs of anyone except for those who claim a trans identity. I can’t see them making the significant changes they would need to without a fight.

AlexandraLeaving · 10/05/2025 20:21

I think they're saying:

(1) It's obvious that if the Supreme Court thinks that 'sex' means biological sex in the Equality Act 2010, it would take the same view about the meaning of 'sex' in the Sex Discrimination (NI) Order 1976, so organisations in NI should crack on and apply the legislation in that way rather than pedantically pointing out that the NI legislation has not been tested at the Supreme Court.

(2) Their guidance won't be statutory guidance (because their powers are different from EHRC's) and is advisory only. So, while it will - hopefully - be useful as a practical guide, it's not a substitute for organisations just getting on with it now.

I suspect the TUV spokesperson is referring to the debate on IDAHOBIT scheduled for Monday, to debate a motion tabled by four Alliance MLAs. While not specifically about the Supreme Court ruling, it's a reasonable expectation that the subject will come up.