A UK woman has lost her sex discrimination case after objecting to a trans colleague using the women’s toilets at their workplace.
Maria Kelly, an engineer at aerospace company Leonardo UK, had taken the company to an employment tribunal, claiming its trans-inclusive toilet policy amounted to direct and indirect sex discrimination.
The tribunal’s decision, handed down on Wednesday, 3 December, dismissed her claims and found that neither Leonardo UK’s policies nor the actions of her trans co-worker had violated her rights.
‘Secret’ toilet used after spotting trans colleague
During the hearing, held in October, Kelly said she began using a “secret” toilet after seeing the trans colleague use the women’s bathroom in March 2023. She testified that she had first noticed the colleague using the same facilities as early as 2019, but had not lodged a complaint until years later.
The tribunal noted there was no evidence that the trans employee had ever harassed or interacted with Kelly in the restroom.
Tribunal rules policy was “legitimate and proportionate”
Employment Judge Michelle Sutherland ruled that Kelly’s rights had not been infringed, and that the company’s inclusive toilet access policy was both reasonable and legally compliant.
“There was no disadvantage due to the policy,” Judge Sutherland said.
“The risk of assault or harassment was minimal. In the circumstances of this case, the toilet access policy was in the alternative a proportionate means of achieving a legitimate aim.”
Wider legal and policy context
The case comes in the wake of an April UK Supreme Court ruling that reinterpreted the Equality Act 2010, stating that the legal definition of “woman” refers to biological sex only.
In response, the Equality and Human Rights Commission (EHRC) drafted an updated code of practice on single-sex spaces, which is currently under government review. Reports suggest the forthcoming guidelines could allow restrictions to be placed on trans individuals’ access to gendered spaces based on appearance alone.
Despite ongoing debates, multiple studies and reviews by advocacy groups, researchers, and parliamentary committees consistently show that trans women do not pose a specific threat to cisgender women in public or shared spaces. In contrast, trans people are statistically four times more likely than cisgender individuals to be victims of violent crime, according to data from the Williams Institute.
Response from both sides
Kelly has stated she intends to appeal the ruling, claiming the tribunal “fundamentally misunderstands both the law and my case.”
Meanwhile, a spokesperson for Leonardo UK thanked staff for their professionalism and reaffirmed the company’s commitment to inclusion.
“Our focus now is to ensure that workplace conduct remains respectful and that our facilities policies continue to meet legal standards,” the statement read.
“Leonardo remains a supportive and inclusive environment for all employees. We will review the forthcoming EHRC guidance when it is published and will make any necessary adjustments.”
