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Maria Kelly, an engineer at Leonardo UK’s Edinburgh office, recently lost a discrimination case against her employer concerning their restroom policy accommodating transgender staff. Kelly opposed the inclusion of trans women—individuals assigned male at birth who identify as female—in the female toilets at the aerospace firm’s premises. In March 2023, she filed claims of harassment as well as direct and indirect sex discrimination against Leonardo, but these were ultimately rejected by an employment tribunal.
The tribunal concluded that the company’s policy did not unfairly disadvantage female employees compared to their male counterparts. Presiding Judge Mark Sutherland described the restroom regulations as a “proportionate means of achieving a legitimate aim,” emphasizing that the aim was to foster an inclusive workplace for transgender individuals. He also challenged Kelly’s position that women’s privacy should not be compromised for the relatively small number of transgender employees, noting that women comprised 20% of the workforce while transgender staff made up only 0.5%. Furthermore, Judge Sutherland highlighted that Kelly’s complaint represented a very small fraction—0.05%—of the female workforce.
According to testimony given during the tribunal, Kelly viewed female-only restrooms as a private sanctuary and first became aware of transgender individuals using these facilities in 2019 when a colleague from another office visited. At that time, she refrained from speaking up due to concerns over being labeled “transphobic” or facing workplace repercussions. It was not until March 2023, after an incident in which she left a restroom upon encountering a transgender colleague inside, that she formally raised her complaint. The tribunal also noted changes made in January 2025, whereby the women’s restrooms were re-designated as gender-neutral WCs, while men’s restrooms remained unchanged due to the presence of urinals.
Leonardo maintained that Kelly had several alternatives, including using other nearby toilets, walking across to more private facilities, or opting for an accessible restroom. Andrew Letton, vice-president of people shared services at Leonardo, testified that Kelly’s dignity was not infringed given these options, adding that the company had shown sympathy toward her concerns and regarded her as a “valuable employee.” Despite her grievance, Judge Sutherland ruled against Kelly’s claims of harassment and sex discrimination, asserting that the policy did not increase women’s risk of violence or impact their privacy more than it did for men.
In response to the tribunal, Leonardo stated it would comply with any necessary changes following upcoming guidance from the Equality and Human Rights Commission regarding the UK Supreme Court’s clarification that legal definitions of womanhood are based on biological sex. A spokesperson for Leonardo expressed appreciation for all parties’ professionalism during the process and affirmed the company’s commitment to maintaining respectful conduct and legally compliant facilities. Meanwhile, Kelly has announced her intention to appeal the tribunal’s decision
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