Prison Custody Officer Claims Unfair Dismissal Over Pronoun Refusal
A prison custody officer has claimed he was unfairly dismissed for refusing to address transgender prisoners by their chosen pronouns at one of the United Kingdom's largest security companies. Retired British army medic David Toshack, aged 51, told an employment tribunal he was unjustifiably fired by GeoAmey in January last year after objecting to what he described as using 'incorrect pronouns' for transgender individuals.
Immediate Dismissal During Final Training Week
The father-of-three was dismissed with immediate effect during his final week of training, just days before he was due to begin his role as a prison custody officer at Kirkcaldy Sheriff Court in Fife. According to tribunal evidence, his dismissal followed his expression of belief that a woman cannot become a man, with the company claiming his views contravened both legal requirements and company policy.
Mr Toshack has subsequently brought GeoAmey to an employment tribunal, alleging unlawful discrimination and harassment based on his beliefs. The case represents a significant workplace conflict between personal convictions and corporate equality policies.
Training Room Incident and Company Policy
During tribunal proceedings, instructor Mr Hutton described how Mr Toshack was asked to leave the training room after stating he would only use sex-based pronouns. Mr Hutton characterised Mr Toshack as appearing 'angry' and 'agitated' with his face 'a bit red' during the session led by GeoAmey employee Sarah Harvey.
According to Mr Hutton's testimony, Mr Toshack failed his probation period due to non-compliance with company policy. He referenced a specific incident where officers were moving a transgender prisoner known to self-harm, noting that a prison officer had written 'he' on documentation, which the prisoner saw before assaulting the officer.
Mr Hutton told the tribunal: 'I understand that Mr Toshack has his personal beliefs but he has to follow the company policy...It's nothing to do with his beliefs. It's the fact that he was going to put himself and other custody staff at risk.'
Personal Beliefs and Family Context
Mr Toshack, who now works self-employed as a gardener, testified last week that he believes the real reason for his dismissal was his refusal to 'lie' by using incorrect gender pronouns. He clarified that he is not a 'bible-thumping Christian zealot' but explained that his Christian beliefs prevent him from agreeing to call a biologically male prisoner 'she' or 'her'.
During cross-examination, GeoAmey's advocate questioned Mr Toshack about his daughter, who he confirmed identifies as transgender. The army veteran, who served in Afghanistan, Iraq and Kenya, responded: 'What's happened to my daughter and her two best friends is a social contagion. What are the chances of three children all in the same class all being born in the wrong body?'
Military Background and Personal Statement
Mr Toshack, who spent more than a decade with the army's medical reserves and has never been fired before, expressed his shock at being dismissed before his first day on the job. He told the tribunal: 'I'm just a normal, working class person who's never been in trouble with the law before, not got a criminal record, lived a good life. I've been prepared to go and fight and die for my country, and then I have come back here and been told that there's certain things you can't think or can't say.'
He added his motivation for speaking out: 'There must be loads of folk like me who don't have any of that, who are on their own, so I want to show folk you can stand up against this stuff.'
Company Profile and Tribunal Status
GeoAmey is recognised as one of the United Kingdom's largest security firms, employing thousands of justice workers across the country. The employment tribunal, taking place in Edinburgh, continues to examine the complex intersection of workplace rights, personal beliefs, and equality legislation.
