They have to contest it. Because if one staff member, just one, of a captured organisation starts to make concessions like this, then the precarious foundation underpinning GI - not only in NHS Fife but in general - begins to shift, and the whole comes tumbling down like a house of cards.
Hence we're witnessing ED et al wriggling like worms on a hook to contort the fundamental, painfully bleeding obvious into ideologically acceptable obfuscation. I.e., needing an 'expert' to establish that humans are a dimorphic species and that changing sex is physically and anatomically impossible. I have to admit to taking a certain amount of perverse pleasure in witnessing their utter discomfiture, and wonder if the trust and its various Line-Manager minions are finding this process as uncomfortable and downright embarrassing as it looks to the uninitiated bystander.
The whole mess relies entirely on obfuscation. Which is why I find the Judge's insistence on not compelling the court to address DU by she/her pronouns quite interesting in context. It straightaway removes one of the most basic, fantastical untruths on which GI is predicated. It's a powerful statement to the tune that 'DU is a man, and the tribunal is to be heard on that fundamental basis'.
What a pity the same consideration is apparently not being applied, in the media at least, to the offensively-termed 'female' rapist in the news this week. But is even this small shift an indication that the judiciary - in Scotland, no less - is finally moving ahead of the curve with this issue?