"A UK woman has lost a sex discrimination case after lodging a formal complaint over a trans co-worker using the women's toilets. Scottish engineer Maria Kelly's case against her employer for allowing her co-worker to use the toilets was dismissed on Wednesday (3 December). The people and capability lead took aerospace giant Leonardo UK to court earlier this year after alleging it had directly and indirectly discriminated against her with its trans-inclusive toilet policy."
"There is no evidence that the employee had harassed or even interacted with Ms Kelly while using the facilities. Employment judge Michelle Sutherland said in a judgment published on Wednesday that the engineer's rights were not infringed upon due to the organisation's policies, nor by the trans co-worker's right to use the correct toilets. She added that there was no "disadvantage" due to the policy, adding that the risk of assault or harassment was minimal."
"The ruling comes in the wake of the UK Supreme Court's judgment in April that determined the 2010 Equality Act's definition of a woman referred to "biological sex" only. UK human rights regulator, the Equality and Human Rights Commission (EHRC), drafted an updated code of practice for gender-exclusive spaces following the ruling. The code, which has yet to be made public, was handed to the government in September for consideration."
Scottish engineer Maria Kelly sued Leonardo UK for sex discrimination after the employer's trans-inclusive toilet policy allowed a trans colleague to use the women's facilities. Kelly said she began using a 'secret' toilet after seeing the colleague in the female bathroom and first noticed the employee in 2019 but only raised the issue in 2023. Tribunal evidence showed no harassment or interaction by the colleague. Employment judge Michelle Sutherland ruled Kelly's rights were not infringed, found the policy posed minimal risk, and held it was a proportionate means to a legitimate aim. The EHRC drafted an updated code addressing gender-exclusive spaces after a Supreme Court ruling on biological sex.
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