Exclusive:Women to take union to court over concerns its 'non-binary' equality policy is unlawful
Women members of the Community union said they tried to raise their concerns internally but faced threats of disciplinary action
Women members are to take their trade union to court over its equality policy.
Norma Austin Hart and Alison Ann-Dowling claim Community’s strategy is unlawful as it conflates women with non-binary people.
In a move that could have wider ramifications for the union movement, they plan to challenge their union after a ruling by the Court of Session.
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Ms Austin Hart said: “We are long-standing trade union members who believe the policy adopted by Community trade union is inconsistent with the Equality Act 2010 and last year’s For Women Scotland Supreme Court ruling on the definition of sex in relation to the act.
“We repeatedly sought to resolve this matter internally with the leadership of Community, before turning to the court.”
In the Court of Session this week, Lady Drummond granted the pair permission to proceed with a Judicial Review against Community, a union for the voluntary sector.
The case will challenge the legality of the union’s Gender Equality Strategy and raise claims of victimisation.
Both women, who are long standing trade unionists, say they raised concerns internally about the strategy approved by the union’s National Executive Council in 2025.
However, in response they claim they were threatened with disciplinary action.
The Supreme Court ruled in the For Women Scotland case that “sex” in law means biological sex.
By conflating women and non-binary people, they argue, the equality strategy for women includes males.
In November 2025, the union wrote to both women warning they could face disciplinary action after publicly criticising the strategy and indicating they were considering legal proceedings.
Lady Drummond’s ruling said the petitioners should not be punished for raising these matters.
Ms Ann-Dowling, a Labour councillor and Deputy Leader of the Renfrewshire Labour Group, said: “Unfortunately, our concerns were not addressed.
“We have both been threatened with disciplinary action.
“We are heartened by the decision.
“Lady Drummond suggested that our case has a real prospect of success, raises important points of law and the arguments it raises are of public importance.”
A spokesman for Community said the union “strongly refutes” any allegation it is not compliant with the Equality Act.
He said: "Community takes its legal responsibilities seriously, and we strongly refute any suggestion, implication or allegation that our strategies and policies are not fully compliant with the Equality Act.”
A spokeswoman for Labour Women’s Declaration said the organisation is “delighted” by the permission to pursue a Judicial Review.
She said: “Women were founders of the trade union movement and we still form the majority of trade union members, but for too long now unions have ignored women’s sex based rights in favour of the hyper-individualism and regressive sex stereotyping of gender ideology and the demands of trans activists that women, and especially lesbians, are silenced.
“We shouldn’t have to go to court to get our unions to recognise and uphold our rights - the Equality Act is clear.”
She added that the trade union movement must now “return to its founding principles” of representation for all members.
Ms Austin Hart, a retired charity chief executive and former Labour councillor in City of Edinburgh Council, added: “The decision allows these serious issues affecting women trade unionists to be properly examined in full.
“Women should not have to go to the courts to argue for our sex-based rights.”
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