Just because it's public doesn't mean it's appropriate and the customer hasn't been distressed.
It's still an area of sensitivity.
Another poster pointed out this is recognised by another retailer who has safeguarding risk assessment for bra fitting. This might be for the actual fitting only, but they are identifying this is an area of particular issues and should be treated accordingly.
And yes the member of staff did do something wrong; a customer got upset. Being trans still means you need to be sensitive to customers. Perhaps extra so.
It's exceptionally poor customer service at best. At worse it's creepy as fuck and definitely has no place in a public place in a retail shop where a child should feel safe to be alone.
It's not providing a service that many many women demand. And yes there is a potential to use the Equality Act exemptions here even in a public area for a legitimate aim. The policy of male staff in this area in this way is a questionable one.
M&S have issued an apology. They understand and acknowledge there was a problem.
Finally M&S have a long history of not taking concerns about the lingerie department seriously. They've tried to erase women and women's concerns. This is a contributing factor to why women are pissed off and angry. It's part of a pattern of behaviour by the retailer itself.
This reflects public opinion. M&S's customer base in particular doesn't appreciate this bullshit.
Women are saying No. And they are allowed to and there is NOTHING disgusting about it.
We are sick to death of the smearing, the force teaming and being told to suck up behaviour that makes us feel used or intimidated.
The answer is still no.