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Feminism: Sex and gender discussions

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

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IwantToRetire · 31/08/2025 20:26

Sorry - tagging this on here again, as an outsider am not sure what or who is linked, but more of the same .... ?

Toilet issue prompts ABC Council to seek King’s Counsel advice following Supreme Court ruling on meaning of ‘sex
https://armaghi.com/news/craigavon-news/toilet-issue-prompts-abc-council-to-seek-kings-counsel-advice-following-supreme-court-ruling-on-meaning-of-sex/278872

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AlexandraLeaving · 31/08/2025 22:33

Yes, more of the same. The sooner the ECNi gets its clarification from the courts the better.

IwantToRetire · 01/09/2025 00:21

Because I dont quite get the legal protocol, is consulting the "King's Counsel" a way of by passing the ECNi ?

I menat just get them to give a legal opinion of the status of the Supreme Court ruling in NI?

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AlexandraLeaving · 01/09/2025 06:17

Not really a way of bypassing ECNI. It’s getting their own independent legal advice rather than waiting for ECNI but ECNI remains the regulator. A KC can only advise, the court decides. So theoretically, ABC could take legal advice from a KC and act on it and then, later, when the ECNI gets the court to interpret how the Windsor Agreement affects or doesn’t affect interpretation of the Sex Discrimination Order, the court could say something different to what the KC told ABC and they would need to change what they are doing.

IwantToRetire · 01/09/2025 16:15

the court could say something different to what the KC told ABC and they would need to change what they are doing.

What a mess.

How long are they going to take.

Or are they also waiting to see what the EHRC new guidelines are. Not necessarily to follow but to get an idea of how it is interpreting the Supreme Court ruling.

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