Courts and tribunals must consider guidance when relevant but are not obligated to follow it if they consider it wrong; the Supreme Court's April 2025 judgment on single-sex spaces is binding law, not guidance, and organizations should implement it immediately regardless of whether guidance exists, as delaying implementation has resulted in tribunal cases where women have won against employers who failed to follow the judgment.
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Point of single-sex spaces is to keep women & girls safe from men. Because men are women's predatorsAdded:
court or tribunal is required to take the guidance into account where it's supposed to be relevant, but they're not obliged to follow it if they consider it to be wrong. So, it really isn't the be-all and end-all that it has been made out to be. And I must say that having been a barrister doing employment law for and discrimination law for the well over 20 years now, I could count on the fingers of one hand the number of times that I've relied on guidance in a discrimination case or a code of practice. I don't know why it's taken on this sort of almost mythical status.
Once the the Supreme Court gave judgment on the 16th of April last year, 2025, the organizations and who had been spending the last 10 or 15 years telling people that the law was something other than it was, were casting about for reasons to make the Supreme Court judgment go away. Uh Stonewall, actually, is on Blue Sky, they said that the Supreme Court judgment was not law as yet So, this was just another sort of delaying tactic, and it has been used as a delaying tactic for the last year. Um an enormous number, quite ridiculous number of organizations, employers, and service providers have been persuaded that they should be waiting for the guidance before they implement the Supreme Court judgment, which some have now started to feel in their pockets because they're starting to be tribunal cases coming through which women are winning because their employer was uh not following the Supreme Court judgment. Certain activist groups have trained employers and service providers into believing that the the Equality Act allows trans people to be treated or demands that trans people be treated as though they've changed sex. So, then you end up with a mixed biological sex group of people who are called women and a mixed biological sex group of people who are called men. And that that's completely wrong, and the Supreme Court have now said it's wrong. They're keeping the two separate characteristics separate. So now women do get to benefit and it is mainly women. Of course there are some sex based rights that men need and benefit from as well. There's no excuse for not following the Supreme Court judgement to this point whether the guidance exists or does not exist. I don't think it's going to be an end to it at all. If it is laid before Parliament which is what the government is supposed to do with it. There are then 40 days where it sits on the books and parliamentarians have the opportunity to challenge it and I think this is just a whole new chapter.
There's a cadre of parliamentarians who wish to challenge it presumably because it complies with the Supreme Court judgement which they don't like.
Everybody knows instinctively that the reason we have single sex spaces in society outside of our homes is to keep women and girls safe from men because men are women's predators. We live amongst our predators.
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