The Royal College of Nursing (RCN) has invited its members to share their thoughts on the recent UK Supreme Court judgment on biological sex, warning the decision had caused “upset, worry, confusion and concern” for many nurses.
The college will next month hold online and in-person sessions for members to share their thoughts on how the judgment may impact their employment and clinical practice, as well as how to protect patient privacy and dignity.
“These sessions will be carefully facilitated to allow open, informed and respectful conversation”
Patricia Marquis
It comes as the UK Supreme Court ruled in April that the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex.
This means that, under the act, a woman is a biological woman or girl (a person born female), while a man is a biological man or boy (a person born male).
If somebody identifies as transgender, they do not change sex for the purposes of the legislation, even if they have a gender recognition certificate.
The Supreme Court sided with campaign group For Women Scotland, which had brought a case against the Scottish Government arguing that sex-based protections for women should only apply to people born female.
The Equality and Human Rights Commission (EHRC) is currently undertaking a consultation on updates it has made to its Code of Practice for services, public functions and associations, following the Supreme Court’s judgment.
When the ruling was first announced, the RCN published a position statement in which it said it was “carefully considering the decision” and the impact it might have on its members.
The college said it was “committed” to working with employers to find solutions that ensure the needs of women and trans people are accommodated and “that they are not discriminated against”.
Now, the RCN has said it wants to better understand how the judgment may affect members in their role and workplace.
During the online and in-person sessions – commencing 1 July 2025 – the RCN said members would learn more about the judgment and the college’s response to the EHRC consultation.
Executive director of the RCN in England Patricia Marquis said: “We know this judgment has caused upset, worry, confusion and concern for many of our members.
“Let me be clear – the RCN stands in support with our LGBTQIA+ members.
“We’ve heard from many that it’s led to lots of negativity towards trans people and some feel very unsafe. This is unacceptable – nobody should have to face discrimination and harassment.
“The RCN will continue to champion equality, inclusion and human rights across the profession.
“We’re committed to supporting all our members and these sessions will be carefully facilitated to allow open, informed and respectful conversation.”
It comes as there are at least two ongoing legal cases within the NHS related to single-sex facilities and transgender inclusion.
One case involves a group of NHS nurses in Darlington who are suing their employer over sharing a changing room with a transgender woman.
The other involves Scottish A&E nurse Sandie Peggie, who is similarly suing her health board and Dr Beth Upton, a transgender woman, claiming that they have breached the Equality Act 2010 over provision of single-sex changing facilities.
It is understood that Ms Peggie is also now suing the RCN, on the grounds it failed to support her in her battle against NHS Fife.
