An engineer employed by defence contractor Leonardo UK has been unsuccessful in an employment tribunal case where she alleged discrimination over the company's policy on transgender colleagues using women's toilets.
Tribunal dismisses all claims
Maria Kelly, who works as a people and capability lead for the aerospace and defence firm, brought claims of harassment related to sex, direct sex discrimination, and indirect sex discrimination. The tribunal, heard in Edinburgh in October 2024, has now dismissed all her claims.
Employment Judge Michelle Sutherland delivered the written judgment on Wednesday 3 December 2025. The ruling stated that Leonardo UK's position was that only one out of 9,500 employees had raised a formal concern about the impact of the policy. Judge Sutherland found there was no "disadvantage" caused by the policy to female staff.
The reasoning behind the ruling
The judgment elaborated that any concerns about privacy or fear could be addressed by affected staff using available single-occupancy facilities. It also addressed safety concerns, stating that any effect on the risk of assault from a tiny percentage of men using women's toilets would not alter the overall risk profile across the company's facilities.
Judge Sutherland concluded that, in the circumstances of this specific case, the toilet access policy was a proportionate means of achieving a legitimate aim for the employer.
Plaintiff vows to appeal
Maria Kelly expressed deep disappointment with the outcome. She stated, "I am of course disappointed by the judgment, which I believe fundamentally misunderstands both the law and my case." She confirmed her intention to appeal and will ask the Employment Appeal Tribunal (EAT) to expedite the process.
Kelly's case gained attention as it followed the UK Supreme Court's ruling in April 2025 in the For Women Scotland case, which clarified that the terms "woman" and "sex" in the 2010 Equality Act refer to biological sex.
Kelly told the tribunal she began using a "secret" toilet at her Edinburgh workplace after encountering a transgender colleague in a female bathroom in March 2023. She had first been aware of a transgender person using the female facilities in 2019 but did not raise a grievance at the time for fear of being labelled "transphobic."
Reactions and next steps
Maya Forstater, chief executive of the campaign group Sex Matters, criticised the tribunal's decision. She said, "This judgment interprets the law as transactivists would wish it to be, and is incompatible with the Supreme Court ruling... It is incredible that even after the highest court in the land has ruled... there are lower courts still trying to see the world in terms of gender identity."
Leonardo UK has been contacted for comment on the tribunal's ruling. The case is now set to move to the Employment Appeal Tribunal as Maria Kelly seeks to overturn the decision.
