if there are mixed sex changing rooms or toilets introduced elsewhere in my Trust in a completely separate department to mine, which I have absolutely nothing to do with, have no remit for, zero influence on, and no management responsibility for anyone who works there, why on earth would you expect me to firstly be aware of it, and secondly to be held responsible in court for it?
No, I am not suggesting that you would need to be aware of what is happening in every individual dept in your Trust case-by-case and would be held responsible. I do not know what I have said that would give you that impression.
In the cases that have gone to court, the issues that have arisen in individual Depts have been due to Trust-wide policies. Maybe I said something about this that caused the misunderstanding?
The OP works for NHSE, not the individual Trusts, why would she be responsible or accountable for ensuring that any Trust she spends time working with, complies with equality legislation?
You are right. The OP would be responsible as a manager working for NHSE. Again, my apologies and thank you for the correction. I drifted into talking about NHS Trusts because the OP spoke about implementing change in clinical services and I forgot that she worked with Trusts rather than for Trusts.
The OP said, so she clearly understands the issues:
"It’s a tricky situation as we have such a strong EDI policy but that doesn’t protect women in these situations. It’s wrong, of course. I am all for understanding and equality for trans women but where does that leave us as biological women in vulnerable situations? I’m sorry, I don’t know the case and feel for the nurses, but have no suggestions and can’t provide an explanation of their decision. Speaking as a mother of two daughters though it angers me that they could be in that situation."
If the OP is a line manager then she might at some point find herself caught out by "a strong EDI policy" that requires her to choose between failing to comply with an illegal NHSE policy or breaking the law, ie. by unfairly discriminating against women on the basis of the Protected Characteristic of Sex.
Without sight of the "strong EDI policy" it is impossible to know whether the OP would find herself in such a compromised situation. However, NHSE was a member of the Stonewall Workplace Equality Index (I do not know if it still is) and funded the "Rainbow Badges" scheme, so it is likely that the "strong EDI policy" is based on a misrepresentation of the law.
If NHSE has reviewed and updated its EDI policies to reflect the Supreme Court judgement in the case of For Women Scotland v Scottish Ministers (16 April 2025) then she should be in the clear.
However, NHSE has yet to provide leadership by instructing recalcitrant NHS Trusts to comply with the law so I do not hold out much hope.