Kelly v Leonardo UK Limited (Case No. 8001497/2024)

In brief

B M Kelly brought claims of harassment related to sex, direct sex discrimination and indirect sex discrimination against Leonardo UK Limited. The Tribunal (Employment Judge M Sutherland, Edinburgh) dismissed all complaints. The case concerned toilet access policies and the claimant's objections to sharing facilities, including analysis of the employer's equal opportunities and diversity policies.

Key provisions

• holding-1 — Toilet access policy challenges dismissed: Challenges to an employer's toilet access policy were dismissed where the employer had conducted a proper balancing exercise and provided reasonable alternatives.
• holding-2 — Analysis of Article 8 ECHR in workplace context: Article 8 ECHR (right to private life) is engaged in workplace facility access decisions but does not guarantee immediate or unconditional access.
• holding-3 — Consideration of Croft v Royal Mail precedent: The Croft v Royal Mail precedent on phased facility access during transition was considered and applied in the modern context.
• holding-4 — Employer's equal opportunities duties: The employer's equal opportunities duties require balancing the needs of all employees, including trans employees and those with concerns about shared facilities.

When relevant

Demonstrates that facility-access claims are fact-specific and do not automatically succeed. Useful counterpoint to Hutchison — shows tribunals weigh evidence carefully on both sides.