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The UK’s first out non-binary barrister has emphasised that “nothing in the current law makes [trans] exclusion mandatory”.
Following the employment tribunal decision in B M Kelly v Leonardo UK Ltd, which resulted in Scottish engineer Maria Kelly’s case against her employer – over allowing her trans co-worker to use the toilets – being dismissed, Oscar Davies has spoken to PinkNews.
April’s Supreme Court ruling deemed that the 2010 Equality Act’s definition of sex referred to “biological sex” and its definition of a woman related to a “biological woman”.
The employment case involving Kelly serves as proof that the Supreme Court ruling doesn’t mean exclusion of trans people is necessary.
Davies said the case shows that, despite the Supreme Court’s ruling, “employers still retain discretion, for example under the Workplace (Health, Safety and Welfare) Regulations 1992, to adopt inclusive policies for shared facilities”.
[Ed: Sigh. The battle continues. Its not over yet – not even on TERF Island.]
Source: Barrister reiterates trans ‘exclusion is not mandatory’ after discrimination case outcome
Not over yet. Ms Peggy’s legal team have said they will appeal the negative aspects of the judgement.