Leonardo engineer to appeal after losing case over single-sex toilets access
Maria Kelly has said she will appeal the judgment after taking defence giant Leonardo UK to court over single-sex toilet access
An engineer who sued defence giant Leonardo UK has said she will appeal after losing her sex discrimination case.
Maria Kelly took her employer to court after having to share women’s toilets with trans women colleagues.
In a written judgment, employment judge Michelle Sutherland said Ms Kelly could have used single occupancy toilets and was therefore not “disadvantaged”.
The engineer said she was “disappointed” by the judgment and added that she believes it “fundamentally misunderstands both the law and my case”.
Judge Sutherland’s ruling followed the Supreme Court judgment from April that stated the definition of sex in the Equality Act is be biological sex and not gender identity.
Ms Kelly alleged harassment related to sex, direct sex discrimination and indirect sex discrimination.
“I intend to appeal, and I will ask the EAT to consider expediting my appeal,” she said, “As the decision risks further confounding the already widespread misunderstanding and defiance of the Supreme Court’s judgment in For Women Scotland.”
The tribunal was heard in Edinburgh in October, but all of Ms Kelly’s claims have now been dismissed by Judge Sutherland.
In a written judgment published on Wednesday, Ms Sutherland said Leonardo UK’s position was that “one out of 9,500 employees raised a concern about the impact of the policy despite multiple means to do so”.
She found there was no “disadvantage” due to the policy.
Her ruling added: “Any fear or privacy impact could be addressed by affected female staff making recourse to the single occupancy facilities.
“Any effect on risk of assault arising from 0.5% of men using the women’s toilets instead of the men’s toilets would not have changed the overall risk profile across toilet facilities generally.
“In the circumstances of this case, the toilet access policy was in the alternative a proportionate means of achieving a legitimate aim.”
Maya Forstater, CEO of sex-based rights charity Sex Matters, criticised the ruling as interpreting the law “as transactivists would wish it to be, and is incompatible with the Supreme Court ruling in For Women Scotland in several places”.
“Having lost an employment tribunal and then triumphed at appeal, I know from personal experience the upset and disappointment Maria Kelly must be feeling today,” she said.
“But I truly believe that she too has a very strong prospect of being successful on appeal.
“It is incredible that even after the highest court in the land has ruled that the law recognises men and women in terms of biological sex, there are lower courts still trying to see the world in terms of gender identity.”
Ms Kelly, people and capability lead for the aerospace defence company, had told the tribunal she began using a “secret” toilet at her workplace after encountering a transgender colleague in a female bathroom in March 2023.
She said she had first become aware of a transgender person using the female toilets in 2019 but did not raise the issue with the company at the time as she feared being labelled “transphobic” or being put on the “naughty list”.
A Leonardo spokesperson said: “Leonardo acknowledges the Tribunal’s judgement, which found that none of the claims of discrimination or harassment against the company were upheld.
“We recognise that the process has been demanding for everyone involved and we appreciate the professionalism shown by colleagues who supported the proceedings.
“Our focus now is to ensure that workplace conduct remains respectful and that our facilities’ policies continue to meet legal standards.”