Former Prison Custody Officer Denies Anti-Trans Allegations at Employment Tribunal
A former trainee prison custody officer has strongly denied accusations of being "anti-trans" during an employment tribunal hearing in Edinburgh. David Toshack, 51, from Fife, is taking legal action against security firm GEOAmey, claiming he was unlawfully dismissed for refusing to use preferred pronouns for transgender prisoners.
Social Media Posts Under Scrutiny
During Thursday's proceedings, GEOAmey's advocate Michael McLaughlin presented several of Mr Toshack's social media posts to the tribunal. These included references where the former soldier had used terms like "trannies" and described transgender people as "weird." Mr McLaughlin asserted that these posts demonstrated clear anti-transgender sentiment.
"I think it's pretty clear, if you put it essentially, that you are anti-trans," Mr McLaughlin told the tribunal.
Mr Toshack firmly rejected this characterisation, responding: "That's absolutely not correct, to say I'm against the trans community." He acknowledged that some of his online content contained "edgy" humour that could be considered offensive, but maintained this did not reflect opposition to transgender individuals.
Dismissal Following Training Session Incident
The tribunal heard that Mr Toshack was dismissed with immediate effect in January 2025 during his final week of training. This followed an incident where he was asked to leave a training session after stating he would only use sex-based pronouns for prisoners.
Mr Toshack told the tribunal he believes the real reason for his dismissal was "because I would not lie and use incorrect pronouns" rather than any refusal to complete company paperwork correctly. GEOAmey's policy requires custody officers to use prisoners' adopted gender pronouns, though paperwork must record biological sex.
Training Session Controversy
The tribunal examined details of a training session delivered on January 7, 2025 by GEOAmey trainer Sarah Harvey. According to Mr McLaughlin, Ms Harvey instructed Mr Toshack to set aside personal opinions and follow company policy regarding pronoun usage for transgender prisoners.
When the advocate suggested Ms Harvey found Mr Toshack "intimidating and hostile" during their discussion about pronouns, the former soldier responded: "That's absolutely untrue." He added that allegations of aggression only emerged after his dismissal.
Broader Workplace Concerns
Mr Toshack expressed broader concerns about workplace culture regarding transgender inclusion and diversity, equity, and inclusion (DEI) policies. He suggested there are "consequences" for challenging such policies in both military and civilian workplaces.
"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 told the tribunal. "I'm proof of what happens when you speak out against it."
Company's Position
A GEOAmey spokesperson commented on the ongoing proceedings: "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 former soldier clarified his position regarding prisoner treatment, stating: "I'm not going to recognise them as a sex that they're not, but I'm not going to treat them unfairly." He indicated willingness to use prisoners' chosen names but drew the line at adopting preferred pronouns that contradict biological sex.
The employment tribunal continues its hearing in Edinburgh, with both parties presenting their respective cases regarding the dismissal and allegations of unlawful discrimination.
