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The Herald Scotland
13-05-2025
- Politics
- The Herald Scotland
Teachers in call for new guidance after Supreme Court ruling
In a unanimous decision, the UK's highest court ruled that a Gender Recognition Certificate (GRC) does not change a person's sex for the purposes of the Equality Act. The justices concluded that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. READ MORE Following the ruling, the Equality and Human Rights Commission (EHRC) issued interim guidance stating that trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services such as shops and hospitals. The same applies to trans men using male facilities. The EHRC is preparing a more detailed code of practice, which it aims to submit to the UK Government for approval by June. However, the SSTA said schools 'do not have the luxury of waiting for updated guidance' as the ruling means they must comply with the Equality Act now. The union believes the 2021 guidance from the Scottish Government on supporting transgender pupils in schools is now incompatible with the Supreme Court ruling and the EHRC's interim position. Gordon West, of the SSTA, told the BBC that teachers feared they might be breaking the law. He said: 'We have a duty now to uphold this ruling, not in three months' time, and yet we have been told to wait for new guidance. '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. 'The 2021 guidance needs urgently removed and replaced. If the Scottish Parliament can make decisions on this, why cannot the Scottish ministers? 'Very soon the P7 children and parents will be coming to secondary schools for their transition into secondary schools, and they will be asking what is happening with changing rooms.' Scottish Tory shadow equalities minister Tess White MSP said: 'This stark intervention cannot be ignored by John Swinney and the SNP. 'Teachers have made it clear that they are crying out for clarity and for ministers to uphold the law following the Supreme Court ruling. 'It is ridiculous that it has reached the point when public bodies feel they have little option but to go public in urging John Swinney to get on with issuing this guidance. 'There is simply no excuse for teachers and schools to be left in limbo for a moment longer. Teachers are rightly asking why the SNP are still dragging their heels when the Scottish Parliament has already implemented new policies following the recent judgment. 'John Swinney needs to stop pandering to gender extremists and direct all public bodies to uphold the law and ensure our schools can protect the rights of women and girls immediately.' A Scottish Government spokesman said all organisations would be expected to consider the EHRC's revised code of practice and guidance when it is published by the summer. He added: 'The Scottish Government has established a Short Life Working Group to ensure support and consistency across government. '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.' Since the Supreme Court judgment on April 16, the EHRC has said publicly that the ruling is effective immediately and that those with duties under the Equality Act 2010 should be following the law and looking at what changes, if any, need to be made to their policies and practices.
Yahoo
12-05-2025
- Politics
- Yahoo
Teachers want clarity on single-sex spaces in schools
Teachers are calling on the Scottish government to urgently publish new guidance on how schools should deal with single-sex spaces. The Scottish Secondary Teachers Association (SSTA) said ministers need to provide clarity following the UK Supreme Court's landmark ruling over the definition of a woman. The union says schools "don't have the luxury of waiting for updated guidance" because the ruling means they are required to comply with the Equality Act now. The Scottish government said it is working towards a "state of readiness" for an update from the Equality and Human Rights Commission (EHRC), the body in charge of regulating the Equality Act. First Minister John Swinney last month told MSPs that new sex-based rights guidance is being developed after the Supreme Court ruled that biological sex defines a woman for the purposes of the Equality Act. The SSTA says 2021 guidance from the Scottish government on supporting transgender pupils in schools is now incompatible with the Supreme Court ruling and interim guidance from the EHRC. Last week the Scottish Parliament announced trans women will no longer be able to use the women's toilets at Holyrood and is also installing a new gender-neutral toilet following the ruling. Gordon West, of the SSTA, says the union is concerned that teachers are caught in limbo waiting for new guidelines and, while waiting, they may be breaking the law. Mr West, a deputy headteacher who is on the union's equalities committee, said ministers need to immediately withdraw the 2021 guidance which is now "out of date". He added: "We have a duty now to uphold this ruling, not in three months' time and yet we have been told to wait for new guidance. "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. "The 2021 guidance needs urgently removed and replaced. If the Scottish Parliament can make decisions on this why can't the Scottish ministers? "Very soon the P7 children and parents will be coming to secondary schools for their transition into secondary schools and they will be asking what is happening with changing rooms." Teaching union the NASUWT recently raised concerns at its annual conference that the Supreme Court ruling could lead to an increase in hate crimes against trans and non-binary teachers. The union in Scotland also said it was vital that gender-neutral spaces be made available for transgender pupils who are uncomfortable using the changing rooms or toilets of their sex assigned at birth. Trans people are still protected by the Equality Act. The protected characteristic of gender reassignment is not affected by the Supreme Court judgement, and while explaining the ruling, Lord Hodge stressed there were other defences against direct and indirect discrimination and harassment. He was clear that trans people are a "vulnerable and often harassed minority", who "struggle against discrimination and prejudice as they seek to live their lives with dignity". A Scottish government spokesman said that all organisations were expected to consider the EHRC's revised code of practice and guidance when it is published by the summer. He added: "The Scottish government has established a Short Life Working Group to ensure support and consistency across government. "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."


BBC News
12-05-2025
- Politics
- BBC News
Teachers want clarity over single-sex spaces in Scottish schools
Teachers are calling on the Scottish government to urgently publish new guidance on how schools should deal with single-sex Scottish Secondary Teachers Association (SSTA) said ministers need to provide clarity following the UK Supreme Court's landmark ruling over the definition of a union says schools "don't have the luxury of waiting for updated guidance" because the ruling means they are required to comply with the Equality Act Scottish government said it is working towards a "state of readiness" for an update from the Equality and Human Rights Commission (EHRC), the body in charge of regulating the Equality Act. First Minister John Swinney last month told MSPs that new sex-based rights guidance is being developed after the Supreme Court ruled that biological sex defines a woman for the purposes of the Equality SSTA says 2021 guidance from the Scottish government on supporting transgender pupils in schools is now incompatible with the Supreme Court ruling and interim guidance from the EHRC. Last week the Scottish Parliament announced trans women will no longer be able to use the women's toilets at Holyrood and is also installing a new gender-neutral toilet following the ruling. Teachers 'kept waiting' Gordon West, of the SSTA, says the union is concerned that teachers are caught in limbo waiting for new guidelines and, while waiting, they may be breaking the West, a deputy headteacher who is on the union's equalities committee, said ministers need to immediately withdraw the 2021 guidance which is now "out of date".He added: "We have a duty now to uphold this ruling, not in three months' time and yet we have been told to wait for new guidance."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."The 2021 guidance needs urgently removed and replaced. If the Scottish Parliament can make decisions on this why can't the Scottish ministers?"Very soon the P7 children and parents will be coming to secondary schools for their transition into secondary schools and they will be asking what is happening with changing rooms." Teaching union the NASUWT recently raised concerns at its annual conference that the Supreme Court ruling could lead to an increase in hate crimes against trans and non-binary teachers. The union in Scotland also said it was vital that gender-neutral spaces be made available for transgender pupils who are uncomfortable using the changing rooms or toilets of their sex assigned at people are still protected by the Equality Act. The protected characteristic of gender reassignment is not affected by the Supreme Court judgement, and while explaining the ruling, Lord Hodge stressed there were other defences against direct and indirect discrimination and was clear that trans people are a "vulnerable and often harassed minority", who "struggle against discrimination and prejudice as they seek to live their lives with dignity". A Scottish government spokesman said that all organisations were expected to consider the EHRC's revised code of practice and guidance when it is published by the added: "The Scottish government has established a Short Life Working Group to ensure support and consistency across government. "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."