‘TERF Wars: What the UK Supreme Court Ruling Means for Women, CX, and Gender Equality’ by Clare Muscutt
The recent ruling by the UK Supreme Court in For Women Scotland Ltd v The Scottish Ministers has sparked significant discussion and debate regarding gender identity, legal definitions, and the practical implications for inclusivity across various sectors, including Customer Experience.
This ruling established that under the Equality Act 2010, the terms "woman" and "sex" refer strictly to biological sex. Consequently, this decision explicitly permits—but crucially, does not mandate—the exclusion of trans women from single-sex spaces such as toilets, changing rooms, and certain women-only services.
There has been much debate around the subject of gender. Some feminist groups have claimed the ruling is a win for women. Parts of the LGBTQ+ community agree. But I personally think a person’s identity shouldn't be up for debate. And, that further oppressing an already marginalised, vulnerable group of people is only a victory for transphobia (and of course, the patriarchy).
As the founder of WiCX, my vision has always been to create and nurture a genuinely inclusive community—one that offers a safe and supportive environment for all women. Explicitly including LGBTQ+ women. This explicitly includes the T (trans women).
I unequivocally maintain the position that trans women are women, and that their contributions and experiences are essential in enriching our understanding and practice of customer experience.
At a time when political polarisation is sowing division more than ever. Where the far-right is rising and the left is losing. The purpose of this article is to respond to the UK Supreme Court’s recent ruling, by affirming the inclusive values of Women in CX — to call on customer-facing industries to uphold intersectional, inclusive practices that protect and support all women—and to call on all members of the wider CX community to show up as allies.
“Allyship means standing up for people who may not have the power, voice, strength or ability to do it for themselves. If you’re enough of a leader to lead a group then you should be enough of a leader to stand alongside all your people and defend them when it’s needed.”
Feminism, WiCX and Customer Experience
You might be wondering why some feminists are anti-trans?
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social gender equality.
TERF is an acronym for trans-exclusionary radical feminist. First recorded in 2008, the term TERF was originally used to distinguish transgender-inclusive feminists from a group of radical feminists who reject the position that trans women are women, reject the inclusion of trans women in women's spaces, and oppose transgender rights legislation.
Intersectional Feminism highlights that women’s experiences of inequality vary significantly based on multiple intersecting identities, including race, gender identity, sexual orientation, disability, and socio-economic status. An intersectional feminist approach acknowledges that different parts of our identities can be used against us at the same time.
Women in CX is an intersectional feminist organisation whose mission serves as ‘the movement for human-centred business’.
WiCX believes that only when we respect and uphold all human rights can we achieve equity. We subscribe to the UN Universal Declaration of Human Rights. We believe everyone has the human right to dignity and to freedom of sexual identity, gender identity and expression. Because none of us are safe until we are all safe.
In the context of CX, adopting an intersectional approach means recognising that providing inclusive experiences requires more than just addressing human needs as a singular dimension. Organisations must acknowledge and address the ways these intersections affect customer interactions, experiences, and outcomes.
Gender, in the context of customer-facing industries, intersectionality means understanding that policies impact both cis and trans women.
Furthermore, it means understanding that gender issues disproportionately affect marginalised communities within the LGBTQ+ spectrum, women of colour or those facing socio-economic disadvantages.
A genuinely inclusive customer experience is one that proactively identifies and mitigates these nuanced forms of discrimination and exclusion.
Practical Implications of the Supreme Court Ruling
Following the Supreme Court judgment, the Equality and Human Rights Commission (EHRC) issued interim guidance outlining the practical implications for organisations, including:
Workplaces
Schools
Services that are open to the public, such as hospitals, shops, restaurants and leisure facilities
Whilst in workplaces and schools, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.
Significantly, the EHRC emphasised that while organisations that provide services to the public are now legally permitted to provide single-sex spaces exclusively for biological women, they are not obliged to do so.
In law, despite the ruling the Equality Act 2010 still stands, ensuring protection for all protected characteristics including those of sex, gender and sexual orientation.
Critically, as no trans men or women were consulted during this process, the unintended consequence has potentially increased the risks that the TERF agenda sought to mitigate. As this ruling means trans men (biological women) would be expected to use women’s single sex spaces, the potential risk of biological men claiming to be trans invading women’s spaces has now effectively increased. Not to mention the very real threat to women that present androgynously or ‘aren’t feminine enough’ by patriarchal standards who now risk being attacked too.
Risks and Concerns Around Enforcement
One of the significant concerns arising from this ruling involves enforcement. The practical reality of policing spaces based on biological sex raises substantial ethical and logistical questions. This difficulty is compounded by concerns around privacy rights and potential infringements upon individual dignity.
For customer-facing industries, this presents a complex challenge: how can organisations navigate this evolving political landscape while simultaneously ensuring inclusivity, safety, dignity, and respect for all customers and employees?
Organisational Responsibility and Ethical Leadership
Given current ambiguities and complexities, ethical leadership is paramount. Organisations must proactively and transparently communicate their values and stance regarding inclusivity and trans rights. Those operating in customer-facing sectors bear particular responsibility, as their actions significantly influence public perceptions, cultural attitudes, and industry standards.
Businesses committed to inclusivity should explicitly reaffirm their support for trans individuals, making clear that their facilities and services remain welcoming to all.
Empathy and understanding lie at the heart of customer experience. Effective CX relies upon genuinely appreciating and meeting the diverse needs and expectations of customers and employees. The recent ruling complicates matters by potentially creating barriers to inclusion.
Organisations must now carefully think about how they will respond, how they will communicate their decisions and critically, how they will support their employees to deal with potential transphobia from other customers.
Without clear and respectful guidelines, the ruling presents a risk that any customer could now feel emboldened and entitled to police other customers. A situation that we must prepare customer-facing employees to handle.
Proactive measures—such as staff training on gender diversity, inclusive language, respectful customer interactions, and effective feedback mechanisms— will be essential to genuine inclusion.
Choosing to be on the Right Side of History
We have already witnessed how quickly organisations with government contracts have bent to political pressure in the USA this year, with many rolling back their commitments to DEI and the polarised response of their customers.
You can catch up on the story so far here:
‘Standing Strong: The Fight for Diversity, Equity, and Inclusion in Times of Setback,’ by Clare Muscutt March 2025
‘Women's History Month 2025: Why Gender Equality is at a Crossroads and What We Must Do Next,’ by Clare Muscutt April 2025
Since then, Donald Trump has put gender issues at the heart of politics and, in his first days of presidency, sought to eradicate programs promoting equality. LGBTQ+ equality in particular. In response, brands have further retreated rather than risk becoming embroiled in a ‘culture war’.
But this latest attack on the rights of a marginalised group is a clear opportunity for organisations to lead in the inclusion revolution, taking a clear stance based on their values.
Lush Loudly says ‘Trans Rights’ in Bold New Campaign
Lush Cosmetics has launched a bold new campaign in partnership with trans-led organisations TransActual and My Genderation to reaffirm its commitment to trans rights and visibility. committed against trans people. This campaign seeks to counter this negative representation by presenting a positive vision of the world we could and should be striving for, where the UK leads on trans rights, tackles transphobia, prioritises gender affirming care, provides safety and dignity for LGTBQI+ asylum seekers, and more.
Running from 23 April to 11 May across all 101 UK stores, the initiative features vibrant window displays, free educational booklets, and a new Liberation bath bomb in the colours of the trans Pride flag available in stores and online. Blue, pink and white stripped to reflect the colours of the trans flag. 75% of sales price (minus tax) will be donated to the campaign partners, TransActual and My Genderation.
More than a marketing campaign, to coincide with the launch, Lush is rolling out a Gender Affirming Care policy as part of its commitment to creating a diverse and inclusive working environment and supporting trans, non-binary and gender diverse employees.
Lush understands the role that gender transition can play in some peoples journeys to becoming their most authentic selves. The policy outlines the support available to Lush employees at any stage in their transition journey and provides a range of useful tools and support, as well as dedicated transitioning leave to ensure that trans employees have the time and support they need to access gender-affirming care.
Lush campaigns manager Andrew Butler on why the brand is taking a stand on trans rights said:
“Our staff really want this. Our leadership are 100% behind it. And it was never a question of reputational risk. We need to do this. Look at all of the negativity out there and how damaging it is to people we care about. We need to respond to this. It’s an imperative. We can’t not”
Brands who stand up for the marginalised are facing the wrath of the right-wing agenda and are prepared for the press backlash. They see the risk of alienating those who do not share their values as worth it, to stand on the right side of history.
Which Side Will You Be on?
I don’t pretend that this is a black and white issue or that there are any easy answers. There is significant complexity, nuance and a requirement for critical thinking that needs personal reflection.
The big questions for organisations, leaders and individuals are:
Who are we and what do we stand for?
How will we communicate our stance to our customers and employees?
How can we prepare our employees to deal with the likely increase in public transphobia?
How will we support our affected customers and employees?
How can we use this as an opportunity to lead on inclusion?
WiCX’s Ongoing Commitment to Inclusivity
At WiCX, we remain firmly committed to our inclusive vision. The recent Supreme Court ruling reinforces, rather than diminishes, the importance of our mission. By design and intent, our community continues to be a safe, supportive, and empowering space for every woman, regardless of biological sex or gender identity. LGBTQ+ women will continue to be integral, valued members of the CX community, and their contributions significantly enrich our understanding and practice of customer experience.
We also recognise our responsibility to advocate actively for inclusive practices throughout our industry. As a community, WiCX encourages organisations across sectors to align their customer experience practices with inclusive values, demonstrating that diversity is not simply a compliance matter—it is foundational to delivering genuinely empathetic, effective, and impactful CX.
A Call to Action for Customer-Facing Industries
The recent UK Supreme Court ruling presents both challenges and opportunities for customer-facing industries. Organisations must navigate complex legal frameworks, but they also have the power—and responsibility—to set an inclusive standard. WiCX invites all customer-facing businesses to champion intersectional inclusivity, reaffirm their commitment to equality, and ensure that their facilities, services, and experiences genuinely welcome all women.
The future of customer experience is inclusive and intersectional. Let’s build it together.
If WE as CX practitioners don’t take a stand, who will?
If you believe in human-centred business, intersectional feminism, and creating safe, empowering spaces for all women—then WiCX is your home.
Join us and be part of building the inclusive future of Customer Experience.
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