Former Prison Custody Officer Alleges Unfair Dismissal Over Gender Beliefs
David Toshack, 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 resulted from his gender-critical views rather than misconduct.
Details of the Tribunal Case
The 51-year-old former soldier from Fife told the Edinburgh tribunal that security firm GEOAmey terminated his employment in January 2025 during his final week of training. According to Mr Toshack, this occurred after he expressed during a training session that he would only use sex-based pronouns when referring to prisoners, rather than adopted gender pronouns.
"I was dismissed with immediate effect," Mr Toshack stated, explaining that the company informed him he was "not suitable" due to his "strong beliefs." He maintains this constitutes unlawful discrimination in his employment tribunal claim against the security company.
Questioning Over Transgender Views and Social Media
During Thursday's proceedings, GEOAmey's advocate Michael McLaughlin questioned Mr Toshack extensively about his views on transgender issues and previous social media activity. When presented with a post where Mr Toshack referred to Facebook founder Mark Zuckerberg as a lizard and used the term "trannies," the advocate described this as "incredibly insulting, pejorative and negative toward the trans community."
Mr Toshack acknowledged the term was derogatory but defended it as not being "terrible," while emphasising he was not "some Bible-thumping Christian zealot." He elaborated on his philosophical position, stating he believes it is impossible to be born into the wrong body.
Family References and Social Contagion Claims
The tribunal heard personal details about Mr Toshack's daughter, who he said is "living as a man" and using an androgynous name. He suggested her experience demonstrated what he called a "social contagion," questioning the statistical likelihood of multiple children in the same class identifying as transgender.
"What are the chances of three children all in the same class all being born in the wrong body?" Mr Toshack asked rhetorically during his testimony.
Training Session Dispute and Company Policy
Mr McLaughlin detailed a specific training session delivered on January 7, 2025, by GEOAmey trainer Sarah Harvey. According to the company's account, Ms Harvey instructed Mr Toshack to set aside personal opinions and follow company policy regarding pronoun usage for transgender prisoners.
The advocate stated that Ms Harvey found Mr Toshack "intimidating and hostile" during their discussion about pronouns, a characterization Mr Toshack strongly rejected. "That's absolutely untrue," he countered, adding that "there was no mention of this aggression stuff until after I was sacked."
Practical Prisoner Treatment and Policy Compliance
Mr McLaughlin explained GEOAmey's operational requirements, noting that custody officers must document whether each prisoner is male or female on official paperwork, with company policy mandating the use of adopted gender pronouns.
When discussing how he would practically treat prisoners, Mr Toshack offered a nuanced position: "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 while maintaining his refusal to use adopted pronouns.
The former soldier argued that his dismissal stemmed fundamentally from his refusal to "lie and use incorrect pronouns" rather than any failure to complete administrative forms properly.
Broader Implications and Consequences
Mr Toshack framed his case as representative of wider consequences for those challenging transgender inclusion and diversity, equity, and inclusion policies across various sectors.
"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 testified. "I'm proof of what happens when you speak out against it."
Company Response and Tribunal Continuation
A GEOAmey spokesperson addressed the ongoing proceedings, stating: "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, with both parties presenting their respective cases regarding this contentious workplace dispute involving deeply held beliefs, company policies, and employment rights.
