Female engineer to appeal after losing UK case over transgender toilet policy

By Kirstin Ridley

LONDON, Dec 4 (Reuters) - A female engineer plans to appeal after losing a UK lawsuit against her employer, Leonardo UK, for harassment and sex discrimination because she had to share the women's toilets with transgender colleagues, she said on Thursday.

Maria Kelly, who joined the Milan-listed aerospace and defence group in 2007 and is responsible for resourcing, training and supporting around 300 engineers, alleged harassment related to sex, direct sex discrimination and indirect sex discrimination.

She argued, in part, that women need to undress more than men to use the toilet, that they have a greater need for privacy than men when using the toilet and washing because of menstruation, pregnancy and menopause and that allowing trans women to use female toilets created safety concerns.

But employment judge Michelle Sutherland, who heard the case in the Scottish capital of Edinburgh in October, dismissed all claims in a 382-page judgment published on Wednesday.

JUDGE SAYS TOILET ACCESS POLICY IS PROPORTIONATE

The judge said the toilet access policy, based on asserted gender rather than sex, posed at the most only a minor and insignificant disadvantage to women and that the policy was a proportionate means of achieving the legitimate aim of treating transgender staff lawfully and inclusively.

"I was, of course, disappointed to hear the judgment from the tribunal," Kelly said in a statement released by her lawyers. "We will be appealing the decision but cannot comment any further at this time."

The case is significant because it comes after a UK Supreme Court ruling in April that a woman is defined by biological sex under equality law. 

That decision confirmed that single-sex services for women such as refuges, hospital wards and sports can exclude trans women, clearing up legal ambiguity. Transgender campaigners, however, argued that the judgment could lead to discrimination.

Leonardo, a major supplier of defence and security equipment to Britain's Ministry of Defence, on Wednesday acknowledged the judgment and said it remained "a supportive and inclusive environment" for all employees.

"Our focus now is to ensure that workplace conduct remains respectful and that our facilities' policies continue to meet legal standards," a spokesperson said.   

(Reporting by Kirstin Ridley, editing by Ed Osmond)