It's not the Victoria Cross: it's the same shape as the VC - & so are very many other crosses, some of them pre-dating the VC design by over a thousand years. The Victoria Cross Trust has absolutely no control or rights over the cross pattée, & if it's trying to claim any it should be slapped down hard.
It's hard to see from that whether the cross pattée on the shirt has a disc as well as the cross, but again, that is not specific to the VC, & long predates it. Again, the VC trust should be slapped down if it tries to claim ownership - but I didn't notice the VC trust complaining when the Federal Republic of Germany adopted the shape for some of its medals, harking back to pre-Nazi German medals.
Some versions of the St. Georges cross use the cross pattée, e.g. on the flag of Georgia. To use it on England rugby kit is therefore acceptable, IMO, though a bit of a stretch.
The RFU was wrong to apologise, IMO, unless it had deliberately copied the VC with the intent of associating the shirt with it.