An employment tribunal has dismissed all claims brought by an engineer against defence giant Leonardo UK, after she objected to sharing women's toilet facilities with transgender colleagues.
The Tribunal's Ruling and Key Arguments
The case, heard in Edinburgh in October, concluded on Wednesday 3 December 2025. Employment judge Michelle Sutherland dismissed Maria Kelly's allegations of harassment related to sex, direct sex discrimination, and indirect sex discrimination.
In her written judgment, Judge Sutherland found that Leonardo UK's policy did not place female staff at a "disadvantage". She stated that any concerns about privacy or fear could be addressed by using available single-occupancy facilities. The judgment also noted that the risk of assault from a tiny proportion of men using women's toilets would not alter the overall risk profile across the company's facilities.
The tribunal heard that Leonardo's position was that only one out of 9,500 employees had formally raised a concern about the policy. Judge Sutherland concluded the policy was "a proportionate means of achieving a legitimate aim."
Background and Reaction to the Judgment
Maria Kelly, a people and capability lead at the firm, told the tribunal she began using a "secret" toilet after encountering a transgender colleague in a female bathroom in March 2023. She said she had been aware of a transgender person using the facilities since 2019 but feared being labelled "transphobic" if she complained.
Following the ruling, Ms Kelly expressed disappointment, stating she believed it "fundamentally misunderstands both the law and my case." She announced plans to appeal and will ask the Employment Appeal Tribunal (EAT) to expedite the process.
The case follows the UK Supreme Court's April judgment, which ruled that the terms "woman" and "sex" in the 2010 Equality Act refer to biological sex. Maya Forstater, chief executive of the charity Sex Matters, criticised the tribunal's decision, saying it "interprets the law as transactivists would wish it to be" and is incompatible with the Supreme Court ruling.
Company Response and Next Steps
A spokesperson for Leonardo UK acknowledged the judgment, stating: "We recognise that the process has been demanding for everyone involved... Our focus now is to ensure that workplace conduct remains respectful and that our facilities' policies continue to meet legal standards."
The company added that it would review forthcoming guidance from the Equality and Human Rights Commission and make any required adjustments, reaffirming that "Leonardo remains a supportive and inclusive environment for all employees."
