"An aerospace engineer who challenged her employer's transgender toilet policy has lost her discrimination case, after an employment tribunal ruled that Leonardo UK's approach was lawful and proportionate. Maria Kelly, a people and capability lead at the defence giant, claimed she experienced harassment, direct sex discrimination and indirect sex discrimination after the company allowed transgender women to use female toilets."
"She found that Kelly had not been put at a legal disadvantage, writing: "Any fear or privacy impact could be addressed by affected female staff making recourse to the single-occupancy facilities." The tribunal also rejected arguments that safety risks increased, ruling that the possibility of 0.5% of male staff using the women's toilets "would not have changed the overall risk profile"."
An employment tribunal dismissed all discrimination claims by Maria Kelly after she objected to Leonardo UK's policy permitting transgender women to use female toilets. Kelly said an encounter in March 2023 led her to use a separate “secret” toilet because of discomfort and privacy concerns. Judge Michelle Sutherland found no legal disadvantage to Kelly, noted she was the sole employee to raise concerns, and said single-occupancy facilities could address privacy fears. The tribunal rejected heightened safety-risk arguments, considered the policy proportionate to a legitimate aim, and Kelly intends to appeal to the Employment Appeal Tribunal.
Read at Business Matters
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