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Guidance to be issued to public bodies following Supreme Court judgment a woman is defined by her biological sex

Advice and guidance for public bodies and private companies on the impact of a Supreme Court ruling a woman is defined by her biological sex will be delivered in June.

The Equality Commission, which is drawing up formal guidance, is advising employers, service providers and public bodies to review policies the judgment may impact on, including in connection with whether transgender individuals be allowed access to single sex spaces such as changing rooms and toilets.

On Friday, Fermanagh and Omagh District Council told the BBC it will be “developing new guidance for the use of changing rooms at leisure facilities and toilets further to the Supreme Court ruling”.

Thousands of demonstrators have taken part in a protest in Edinburgh following the ruling by the UK Supreme court on the legal definition of a woman

While the Equality Act that came under scrutiny by the Supreme Court does not apply in the north, it is “likely to be deemed by our industrial tribunals and courts to be highly persuasive”, the commission said.

“It will be for the industrial tribunals or courts hearing those cases to assess how relevant, persuasive or authoritative the Supreme Court’s judgment is to the questions they are determining,” a spokesperson said.

“it is likely to be followed by the industrial tribunals and courts here when they are considering cases where similar issues arise, (for example) cases of alleged sex or gender reassignment discrimination contrary to the (1976 Sex Discrimination Order).”

Under a 2004 act, transgender individuals with a gender recognition certificates are protected against discrimination.

Following the ruling, the head of Britain’s Equality and Human (HRC) said trans women cannot use single-sex female toilets, changing rooms or compete in women’s sports.

Fermanagh and Omagh council said there “has been no amendment to council practice or policy in relation to the management and operation of our facilities”.

“Further to the Supreme Court ruling, the council will be developing guidance for its various facilities,” a spokesperson said.

“The council understands that the Supreme Court ruling has implications for transgender individuals accessing single sex facilities.”

The council added that any policy will not be introduced until after the commission issues its guidelines and that any changes will be considered by councillors.

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