An employment tribunal in Edinburgh has heard detailed evidence from a witness regarding the dismissal of a former trainee prison custody officer who refused to use transgender pronouns, describing the practice as a "lie". The case involves David Toshack, a 51-year-old former soldier from Fife, who is taking legal action against his former employer, the security firm GEOAmey, alleging unlawful discrimination.
Training Session Dispute Leads to Dismissal
According to testimony presented at the tribunal, the incident unfolded during a training session on January 7 last year. Stefan Weir, a prisoner custody officer employed by GEOAmey at Dundee Sheriff Court and a friend of Mr Toshack from the same training course, provided a first-hand account of the events. He stated that the session leader, Sarah Harvey, emphasised that it was both company policy and the law to refer to transgender prisoners by their chosen pronouns.
"Not Prepared to Lie"
Mr Weir told the tribunal that Mr Toshack responded by asserting that it was not the law and expressed his unwillingness to comply. "He stated that it is not the law and that he was not happy to call transgender people by their pronouns because it is a lie," Mr Weir recounted. When questioned further by David Hay KC, representing Mr Toshack, Mr Weir elaborated that Mr Toshack said he was "not prepared to lie and call a transgender a pronoun that is the opposite of their sex."
Mr Weir described the tone of the discussion as involving "firm but respectful" language from Mr Toshack, with a normal voice. Following this exchange, Ms Harvey asked Mr Toshack to leave the room with her, and the class soon learned that he had been dismissed. Mr Weir accompanied him to his car, noting that Mr Toshack appeared "shocked and upset" by the sudden termination.
Legal and Policy Arguments
The tribunal heard that Mr Toshack argued during the training that while using transgender pronouns might be company policy, it was not mandated by UK law. This distinction forms a key part of his claim, in which he alleges he was sacked for refusing to use "incorrect pronouns" such as "she" or "her" for transgender prisoners, insisting he would only use sex-based pronouns.
Cross-Examination and Impartiality Questions
During cross-examination, Michael McLaughlin, representing GEOAmey, probed Mr Weir's recollection. He asked if Mr Weir remembered Ms Harvey stating that personal views should be set aside to treat everyone with dignity and respect, to which Mr Weir replied he "vaguely" recalled such comments. Mr McLaughlin also suggested that Mr Weir's friendship with Mr Toshack might affect his objectivity and impartiality. In response, Mr Weir maintained, "I am saying what I have witnessed and seen."
The employment tribunal, presided over by Employment Judge Amanda Jones, continues to examine the case, which highlights ongoing debates over workplace policies, transgender rights, and religious or philosophical beliefs in professional settings. Mr Toshack's dismissal occurred in his final week of training, with immediate effect, after he was asked to leave the contentious session.
