Technically, once a man starts the process of applying for a GRC he gets legal protection, and no one can 'discriminate' against him by excluding him.
He does not actually have to make any physical change, just live as a woman for 2 years to obtain a gender recognition certificate (GRC). But protection starts when he begins the process.
If thats the case then it sounds as though all ME is doing is abiding by the current rules. 