The Supreme Court's ruling in For Women Scotland Ltd v The Scottish Ministers in April 2025 sought to provide clarity to the legal definition of "woman" in the Equality Act 2010.
The judgment specified that women refer to "biological sex" rather than gender identity.
Whilst the decision concerned representation quotas on public sector boards, it has had a significant ripple effect on various sectors, including hospitality and leisure.
Jack Latham, Head of the Hospitality and Leisure Sector at Myerson, examines this judgment in the context of the Download Festival 2025, where the intersection of gender identity and event policies has recently sparked controversy and highlighted the broader challenges facing the industry.
Download Festival 2025: A Case Study in Industry Response
Download Festival, one of the UK's premier rock festivals, is set to take place at Donington Park from 13–15 June 2025, featuring headliners such as Green Day, Sleep Token, and Korn. In 2024, more than 75,000 people attended the annual event.
However, the festival has faced backlash from artists and fans due to changes to its policy on the provision of services.
Following the For Women Scotland case, interim guidance by the Equalities and Human Rights Commission (EHRC) stated that whilst it is not compulsory for services that are open to the public to have single-sex facilities such as toilets, these can be single-sex if it is a proportionate means of achieving a legitimate aim.
According to the Supreme Court, this could include protecting the privacy, safety and dignity of women.
However, the guidance goes on to state that if the services provided were mixed-sex only, this could be indirect sex discrimination against women and could lead to claims in the civil courts.
In response to the guidance, the festival made the following announcement:
"We will be following the interim guidance issued by the Equalities and Human Rights Commission (EHRC) on 25 April 2025 here. The guidance states that 'trans women (biological men) should not be permitted to use the women's facilities and trans men (biological women) should not be permitted to use the men's facilities' and that 'trans people should not be put in a position where there are no facilities for them to use.'"
This policy has been met with criticism from artists like Noahfinnce, a transgender singer-songwriter and YouTuber, who has been vocal about the importance of inclusive spaces for all attendees and that the change in policy creates an unsafe environment for transgender people.
The controversy surrounding the Download Festival underscores the challenges that hospitality and leisure venues face in balancing legal compliance with inclusivity.
Broader Implications for UK Hospitality and Leisure
In response, the festival announced that it would make the majority of its bathrooms gender-neutral while still providing segregated women's facilities.
Whilst a large venue may have the resources to be able to offer facilities that suit all needs, smaller venues, cafes, restaurants, and pubs may struggle to achieve such a balance.
It is recommended that businesses undertake the following:
Policy Review and Staff Training
Hospitality and leisure businesses should conduct comprehensive reviews of their policies and provide training to staff on the new legal definitions to ensure compliance and foster an inclusive environment, as the guidance makes it clear that transgender people should not be put in a position where there are no facilities for them to use.
Legal Consultation
Seeking legal advice is crucial to understand the full implications of the ruling for your business and to develop strategies that balance legal compliance with inclusive practices.
Engaging with Stakeholders
Engaging with employees, customers and advocacy groups can provide valuable insights and help businesses navigate the complex cultural landscape.
Contact Us
The For Women Scotland ruling marks a significant shift in the law, with far-reaching consequences for the hospitality and leisure industry. By proactively addressing this issue, businesses can navigate this new terrain while upholding principles of fairness and inclusion.
If your business would like help devising strategies or policies for the provision of facilities, or would like to find out about the training we can provide, please get in touch with our expert discrimination lawyers.
0161 941 4000
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Jack Latham
Senior Associate and Head of Hospitality & Leisure Sector
Jack is a Senior Associate in our Employment Team and Head of Myerson's Hospitality and Leisure sector.
Jack has over 7 years of experience acting as an Employment solicitor. Jack has specialist expertise in redundancy, disciplinary and grievance procedures, terminations, settlement agreements and restrictive covenants.
About Jack Latham