Engineer Loses Discrimination Claim Over Transgender Toilet Policy at Leonardo UK
Engineer Maria Kelly of Leonardo UK lost her discrimination claim at an Edinburgh employment tribunal concerning the company's transgender toilet policy. Kelly challenged the policy that allowed transgender colleagues to share women's toilets, but all her claims were dismissed by employment judge Michelle Sutherland.
The tribunal concluded that the policy did not cause any disadvantage and that privacy concerns could be adequately addressed through access to single-occupancy facilities. The judge deemed the policy a proportionate means to a legitimate aim.
This case followed the UK Supreme Court's April ruling which clarified that the terms "woman" and "sex" in the Equality Act refer to biological woman and biological sex. Leonardo UK reported that only 1 out of 9,500 employees had raised concerns about the policy. The company highlighted the multiple channels available for raising such concerns and said it would review forthcoming Equality and Human Rights Commission guidance to ensure compliance.
Kelly began using a separate single-occupancy toilet after an incident in March 2023 involving a transgender colleague in a female bathroom. She had been aware since 2019 of a transgender person using female toilets but did not raise an issue at that time. The judge noted that even if around 0.5% of men were using women's toilets, it would not alter the overall risk profile.
Kelly intends to appeal to the Employment Appeal Tribunal and has requested expedited consideration, referencing the Supreme Court ruling in For Women Scotland.
