An engineer who took defence giant Leonardo UK to an employment tribunal over sharing women's toilets with transgender colleagues has lost her discrimination claim. Maria Kelly alleged harassment and direct and indirect sex discrimination after lodging a formal grievance with the company.
The tribunal, heard in Edinburgh in October, dismissed all of Ms Kelly's claims. Employment judge Michelle Sutherland ruled that Leonardo UK's toilet access policy was a proportionate means of achieving a legitimate aim, noting that any privacy concerns could be addressed by using single-occupancy facilities.
Ms Kelly, a people and capability lead at the company, said she began using a 'secret' toilet after encountering a transgender colleague in a female bathroom in March 2023. She had been aware of the policy since 2019 but did not raise it earlier for fear of being labelled 'transphobic'.
Ms Kelly expressed disappointment, stating the judgment 'fundamentally misunderstands both the law and my case', and intends to appeal to the Employment Appeal Tribunal. Maya Forstater of Sex Matters criticised the ruling as incompatible with the Supreme Court's April decision that 'woman' and 'sex' in the Equality Act refer to biological sex.
A Leonardo UK spokesperson acknowledged the judgment, noting that none of the claims were upheld. The company said it will review forthcoming Equality and Human Rights Commission guidance and remains committed to a respectful and inclusive workplace.
