The previous case involved a Sheffield hospital and the new case is against an NHS trust in the North East.
The facts of the two cases are similar but the causes of action are different.
The TW was bullied and therefore discriminated against because disadvantaged (vis-a-vis changing facilities) compared to employees of the opposite legal sex and non-trans employees of the same legal sex.
In the new case, the claimants are discriminated against because disadvantaged (vis-a-vis changing facilities) compared to employees of the opposite legal sex. Namely, the male nurses, who don't have to put up with a woman in their changing room, and wouldn't be frightened by it if they did (leaving the religious angle out for the moment). Women are more disadvantaged by mixed changing rooms than men, in other words.
If they win, the TW still needs a changing space in order not to be discriminated against. A third space, or we re-educate everyone to accept TW in the men's space.
It sounds as if this TW doesn't have a GRC. If they did, their legal sex would be female, their birth sex would be confidential, and I wonder what evidence the court would require in order to demonstrate that their presence is or could be distressing to females. (It doesn't have to be sex-related per se - the comparison we are making is between the frightened and disgusted women in one room and the carefree men in the other.)
That would bring in some very sensitive subjects like genital surgery, passing privilege, and whether a woman is justified in rejecting the presence of somebody as male based only on body type (if she can't see his dna, gonads, or genitals). The body type thing feeds into the whole pædiatric treatment row so is also sensitive.
I wish there could be a case with a GRC just so we can see these topics thrashed out.