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.

Ms Kelly claimed she had begun using a “secret” toilet at her workplace after spotting a trans colleague in the female bathroom in March 2023.

She told the courts during an employment tribunal held in October that she first noticed the employee using the facilities in 2019 but did not raise the issue until many years later.

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.

“In the circumstances of this case, the toilet access policy was in the alternative a proportionate means of achieving a legitimate aim.”

EHRC code may police toilet usage based on ‘appearance’

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.

Sources suggest the code could ban people from gender-exclusive facilities, such as toilets or changing rooms, based on appearance alone.

Multiple sources, including academic studies, parliamentary committees, and advocacy organisations, state that there is no evidence that transgender women pose a specific or inherent threat to cisgender women or girls.

Conversely, trans people are reportedly four times more likely than cisgender people to be the victims of a violent crime, according to the Williams Institute.

Responding to the ruling, Ms Kelly said she plans to file for appeal, claiming the outcome “fundamentally misunderstands both the law and my case.”

A spokesperson for Leonardo UK told Sky News that it appreciated the “professionalism” shown by colleagues supporting the proceedings.

“Our focus now is to ensure that workplace conduct remains respectful and that our facilities’ policies continue to meet legal standards,” they added. “We will review the forthcoming Equality and Human Rights Commission guidance when it is published and will make any adjustments that are required.

“Leonardo remains a supportive and inclusive environment for all employees.”

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