www.telegraph.co.uk/news/2022/04/05/nhs-equality-chief-leads-mutiny-against-transphobic-watchdog/ for the full piece. some key elements below. I think the two journalists have done a really good job - covered all the bases.
"....Tara Hewitt, the group head of equality, diversity and inclusion at Northern Care Alliance NHS Group, described the guidance as “transphobic” and said that NHS bosses should put it in the “bin”.
Her calls for NHS leaders to be told to “ignore” the legal opinion of the UK’s human rights body was backed by Kathryn Thomson, the chief executive of Liverpool Women's NHS Foundation Trust, and Aaron Cummins, the chief executive at University Hospitals of Morecambe Bay NHS Foundation Trust....
"Legal experts warned on Tuesday that NHS trusts not following the watchdog's advice on the law “could well come unstuck”.
Amanda Jones, a barrister specialising in gender law at Great James Street chambers, added that it was “unwise publicly to publish your refusal to engage with the EHRC’s guidance”.
....After its long-awaited clarification was published, the Trans NHS Staff Network put out a message on social media urging “all NHS Equality Teams to ignore this transphobic and hostile guidance from EHRC that is likely to be found unlawful at judicial review and continue to write and follow trans inclusive policies and guidance”...
...All NHS trusts have a duty to comply with the Equality Act. The EHRC's guidance, published on Monday, stated that service providers can “limit access to their service for trans people” if it “is a proportionate means of achieving a legitimate aim”. This “could be for reasons of privacy, decency, to prevent trauma or to ensure health and safety”.
Ms Jones added that “if you don’t follow the guidance and you come before a court, the court is going to want some serious explanation of why you’re not following it”, she said.
Estelle Carmichael, the deputy chief of people for Northern Care Alliance NHS Foundation Trust which employs Ms Hewitt, said: “As a responsible health care provider and employer, our approach is to focus on treating all of our colleagues and patients according to their individual needs.
“We will continue to advise our staff to follow the principles and responsibilities of the Equality Act 2010, as set out in our local equality, diversity and inclusion policies and procedures. The manager who made these comments is a well-known equality advocate and has expressed a personal opinion on this matter.”
Morecambe Bay declined to comment whilst Liverpool Women's NHS Trust did not respond when approached by this newspaper."