Trainee Prison Custody Officer Alleges Unfair Dismissal Over Gender Beliefs
A former trainee prison custody officer has testified at an employment tribunal that he was not hostile during workplace disagreements about pronoun usage, claiming his dismissal stemmed solely from his gender-critical beliefs. David Toshack, 51, from Fife, told the Edinburgh tribunal that security firm GEOAmey terminated his employment because he refused to refer to transgender prisoners using female pronouns.
Daughter's Situation Described as 'Social Contagion'
During questioning from GEOAmey's advocate Michael McLaughlin, Mr Toshack discussed his daughter who describes herself as transgender. He suggested her situation, along with that of two friends in the same class, represented evidence of what he termed a 'social contagion'. 'What are the chances of three children all in the same class all being born in the wrong body?' he asked the tribunal.
The former soldier emphasized that he is not 'some Bible-thumping Christian zealot' but maintains philosophical objections to the concept that people can be born into the wrong body. He explained his daughter is using an androgynous name while living as a man.
Training Session Dispute Led to Immediate Dismissal
Mr Toshack detailed how his dismissal occurred during his final week of training in January 2025. He was asked to leave a training session delivered by Sarah Harvey after stating he would only use sex-based pronouns. The company subsequently dismissed him with immediate effect, citing his 'strong beliefs' as making him unsuitable for the role.
GEOAmey's advocate presented company paperwork showing custody officers must record whether prisoners are male or female, with policy requiring use of adopted gender. However, Mr Toshack maintained he would call prisoners by chosen names but not use adopted pronouns, stating 'I'm not going to recognise them as a sex that they're not, but I'm not going to treat them unfairly.'
Social Media Posts Scrutinised During Proceedings
The tribunal examined Mr Toshack's social media activity, including a post where he referred to Facebook founder Mark Zuckerberg as a lizard and used the term 'trannies'. When challenged that this was 'incredibly insulting, pejorative and negative' toward the transgender community, Mr Toshack acknowledged it was derogatory but claimed it wasn't a 'terrible' phrase.
He rejected assertions from GEOAmey that trainer Sarah Harvey found him 'intimidating and hostile' during their pronoun discussion, stating 'that's absolutely untrue' and noting 'there was no mention of this aggression stuff until after I was sacked.'
Warning About Consequences for Challenging Policies
Mr Toshack told the tribunal his case demonstrates what happens when individuals challenge transgender inclusion and diversity, equity, and inclusion policies. 'It can lead to a little black mark against your name so you get overlooked for promotion or, ultimately, what happened to me, you end up getting sacked,' he explained. 'I'm proof of what happens when you speak out against it.'
He insists the real reason for his dismissal was 'I would not lie and use incorrect pronouns' rather than any refusal to complete company paperwork properly.
Company Respects Tribunal Process
A GEOAmey spokesperson commented: 'We welcome this opportunity to present our case to the employment tribunal over the course of this week. We respect the legal status of the tribunal body, therefore we do not intend to provide any additional public remarks whilst the case is being heard.'
The employment tribunal continues in Edinburgh as both sides present their evidence regarding this contentious workplace dismissal case involving deeply held beliefs and company policies on transgender inclusion.
