As some of you may be aware, the UK Supreme Court recently ruled that ‘sex’ in the Equality Act 2010 refers to ‘biological sex’, not acquired gender or legal sex as recognised through a Gender Recognition Certificate. This affects single sex services and groups, including Men’s Sheds. We know the ruling is leading to a range of questions, emotions and reactions and that it may be causing particular concern and uncertainty for some you, especially for the trans people in our Shedding communities.
The ruling means that there needs to be clarification about the circumstances in which membership of groups and services can be limited to particular groups of people. UKMSA will be responding to the consultation the EHRC are due to launch by the end of May 2025, to inform the statutory guidance aimed at service providers, public bodies and associations, which includes Sheds and UKMSA. That guidance aims to help all of us understand our duties under the Equality Act 2010, and how to put them into practice. The current statutory guidance can be found here.
The Equality Act 2010 has always enabled organisations and groups to limit membership in order to achieve a ‘legitimate aim’. As we know, many men experience social isolation and loneliness, a lack of togetherness and belonging, and often feel disconnected from their local communities, and so running men-only sessions or being a Men’s Shed, are both good examples of ‘legitimate aims’.
What the Equality Act also does is to ensure that how we limit membership of groups and services is ‘proportionate’, that actions are both appropriate and necessary to achieve a valid goal, without being overly burdensome or discriminatory. The UK shedding movement already includes wonderfully diverse examples of how that ‘proportionality’ is achieved, and aligns with the inclusive and community-focussed approach at the heart of the movement.
There have always been trans people involved in the Shedding movement and some of you have been in touch wanting to make sure you can continue to be inclusive in your Shed. You are also seeking guidance and clarification about men-only sessions, Men’s Sheds and the inclusion of women. We will be taking part in the EHRC’s consultation in order to help us update our own guidance once the EHRC publish the amended statutory guidance in the summer. We would encourage you to take part in the consultation too. Please do get in touch if you would like more information or have a query about this please contact Laura Winkley – laura.winkley@ukmsa.org.uk, and we will keep you updated on how you might get involved in the EHRC’s consultation.