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The UK Supreme Court has ruled that the Scottish Government exceeded its powers in attempting to redefine the term “woman” in the Gender Representation on Public Boards (Scotland) Act 2018. The decision clarifies the legal boundaries of devolved governments and has significant implications for equality law in the UK.

This significantly impacts employers, particularly in how they structure their equality, diversity, and inclusion policies and manage issues relating to sex and gender identity in the workplace.

Employers should be cautious when drafting policies or taking positive action based on gender or sex, ensuring they remain compliant with the current legal definitions.

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