Oh thanks for this - I forgot I could look it up myself!
Having had a look I think it was very unwise for JR to point this update out and draw the Tribunal's attention to it - the references to single-sex spaces are not favourable to her clients' case?!
From page 195:
"In the context of single-sex services, the Supreme Court has made it clear that there is no entitlement for anyone to use single-sex services intended for members of the opposite sex".
Full document here:
https://www.judiciary.uk/wp-content/uploads/2025/05/ETBB-July-2024-May-2025-update.pdf
Not sure what JR is quoting but this section says (my bold):
Page 194: Treatment of trans people in court
17. Typically, it should be unproblematic for the judge to use the trans person’s preferred name and pronouns (“he/she” or “they”), regardless of whether they have obtained a GRC. However, where one side’s case hinges on the recognition of the biological sex of the trans person as crucial, and the other side on the recognition of their chosen identification, judges need to be careful not to let the choice of gendered pronouns give an appearance of bias, or that there is a predetermined conclusion. If possible, using the individual’s name instead of a pronoun where these pronouns are contested, or alternatively, the gender-neutral pronoun of “they” may help minimise offence towards, or the undermining of, an individual’s personal identification, while also not validating and giving it undue weight over the perceptions of others identification, while also not validating and giving it undue weight over the perceptions of others.
18. There will be other situations where the judge may decide not to use the trans person’s preferred name/pronouns to ensure a witness can give best evidence, eg a female rape victim may find it incomprehensible if the judge and others in court refer to her biologically male attacker as “she”. In the end, it is for the judge to ensure that a proper balance is struck between respecting how a trans person, as with any person, wishes to be addressed (within reason), and enabling a witness to give best evidence/recount events as accurately and truthfully as possible.
19. Witnesses should never be compelled to use the trans person’s preferred pronouns. It should always be permitted for them to refer to a person how they presently understand or previously knew them (as in any case, eg a fraud where a defendant has used multiple identities). A victim of domestic abuse, sexual violence or assault by a trans person is particularly likely to describe the perpetrator in accordance with the victim’s experience and perception of events. To do otherwise, and place additional or artificial barriers on a witness, is likely to detract from their ability to give best evidence.
20. A person’s biological sex or their trans history should not normally need to be disclosed if it is not relevant to the legal proceedings. Where appropriate, in the interests of the administration of justice, the court may consider making reporting restrictions under s.4 Contempt of Court Act 1981, or a range of privacy orders under rule 49, The Employment Tribunal (Rules of Procedure) 2024 or other relevant Tribunal Rules, to prevent the disclosure of a trans person’s previous name and trans history. Alternatively, it may direct that part or all the hearing be in private, subject to the need to balance competing convention rights. It is usually inappropriate to enquire about someone’s medical history, including their anatomical status, unless it is relevant to the case. If it becomes relevant, the issue should be handled with sensitivity. Again, a private hearing might be directed, subject to considering competing convention rights.
21. Fundamental principles of equality and acceptance of diversity demand that no prejudice or difference in treatment is accorded to a person due to their appearance, including their manner of dress. Any person’s “gender expression” and/or choice of clothing should be respected unless there is an affront to public decency or a clear intention to insult the judicial process. This applies equally to all people, whether trans or not.
...
Page 198 Recommended terminology
38. Where relevant, many people will find it acceptable to be described as a “trans person” or a “transgender person”. Others may prefer to describe themselves more specifically as, eg “non-binary”.
39. Despite its use in current legislation, the term “transsexual” is generally considered to be outdated or potentially offensive to many trans people, as is the use of “transgender” as a noun (eg “he is a transgender”).
40. A “trans woman” describes someone whose biological sex is male and who now identifies as a woman.
41. A “trans man” describes someone whose biological sex is female and who now identifies as a man.
42. The term “cisgender” or “cis” is sometimes used to describe people who are not transgender and are assumed to have a gender identity that matches their biological sex. Many people feel strongly that they do not wish to be described as “cisgender” or “cis”.
43. Nowadays, it is generally inaccurate to refer to someone as a “pre-operative” or “postoperative” trans person, because many trans people do not wish to undergo any particular gender-reassignment surgery.
44. “Deadnaming” is a term used where a trans person, in the course of transitioning or having transitioned, is called by their birth name, or where their birth name is otherwise referred to, instead of their chosen name. In court, witnesses may refer to a person by their deadname if this is how they knew them.
45. Trans people, lesbian, gay and bisexual people are often referred to collectively as “LGBT”. Many research papers also look collectively into issues of discrimination against these groups. The term “LGBT” is sometimes extended by adding “Q” (queer or questioning), “I” (intersex), “A” (asexual, a term used by people who do not experience sexual attraction); and/or, more generically, simply a “+”.
46. “Gender critical” is a phrase which, broadly speaking, refers to a belief that sex is fundamentally immutable and binary. People who are gender critical do not believe that a person can change their sex.
47. Gender-critical beliefs are protected beliefs, even if they might offend or upset trans people (or others)
Also from page 212 Appendix A on the Equality Act
- The claimant need not have the relevant protected characteristic. The protection extends to those speaking out on behalf of and/or supporting others who have been discriminated against.