Grounds in equality law: before and after for women Scotland

Journal article

Grounds are the fulcrum of equality law. Thus, discrimination is discrimination when it is based on or because of certain kinds of personal characteristics or grounds such as race or sex. But there is no definition of grounds in general or a definition of grounds such as race or sex in particular in equality law. This article shows that in defining the ground of sex as biological sex in For Women Scotland Ltd v The Scottish Ministers, the UK Supreme Court has undone the meaning of grounds which had developed in the UK since the first equality legislation came into force 60 years ago. It shows that grounds in equality law have been understood in a functional sense such that they signify a wide range of disadvantages that are attached to them rather than convey some objective or essential information about personal characteristics themselves. In failing to adopt a functional approach to grounds and in particular the ground of sex, For Women Scotland has fundamentally reshaped equality law in the UK.

Authors: Atrey, S

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Wiley
• Journal: Modern Law Review
• Publication date: 2026-04-02
• Acceptance date: 2026-01-22
• DOI: 10.1111/1468-2230.70029
• EISSN: 1468-2230
• ISSN: 0026-7961
• Language: English