A former trainee prison custody officer has told an employment tribunal he was dismissed from his position after refusing to use transgender pronouns for prisoners, describing the practice as a "lie".
Employment Tribunal Hears Details of Dismissal
David Toshack, a 51-year-old former soldier from Fife, is taking legal action against security firm GEOAmey, claiming he was unfairly sacked during his final week of training in January 2025. The employment tribunal in Edinburgh heard that Mr Toshack was dismissed immediately after a training session where he expressed his unwillingness to use pronouns that did not correspond to biological sex.
Training Session Controversy
According to witness testimony presented at the tribunal, the incident occurred during a training session on 7 January 2025 led by Sarah Harvey. Mr Toshack reportedly challenged the trainer's assertion that using transgender pronouns was both company policy and legal requirement.
Stefan Weir, a fellow trainee who became friends with Mr Toshack during their course, told the tribunal: "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, who now works as a prisoner custody officer at Dundee Sheriff Court, described how the discussion unfolded between Mr Toshack and the trainer. He testified that his colleague used "firm but respectful" language during the exchange and maintained a normal tone of voice throughout.
Immediate Dismissal After Training Session
The tribunal heard that following the discussion, Ms Harvey asked Mr Toshack to leave the training room with her. Shortly afterwards, the class learned he had been dismissed from his position. Mr Weir accompanied his colleague to his car, describing him as appearing "shocked and upset" by the sudden termination.
In his employment tribunal claim, Mr Toshack asserts he was unlawfully discriminated against by GEOAmey. He maintains that he was prepared to treat all individuals with dignity and respect but could not compromise his belief that using pronouns contrary to biological sex constituted dishonesty.
Legal Arguments and Witness Credibility
During cross-examination, Michael McLaughlin, representing GEOAmey, questioned Mr Weir's objectivity due to his friendship with the claimant. Mr Weir responded: "I am saying what I have witnessed and seen."
The tribunal also heard that the trainer had emphasised during the session that even when personal views conflicted with company policy, employees should set aside their disagreements and treat everyone with dignity and respect. Mr Weir acknowledged he "vaguely" remembered this point being made.
Broader Context of Workplace Policies
This case emerges against a backdrop of increasing workplace discussions about transgender inclusion policies across various sectors. The tribunal's proceedings before employment judge Amanda Jones highlight the complex intersection between personal beliefs, company policies, and legal obligations in contemporary workplace environments.
Mr Toshack's claim represents a significant test case regarding how employers balance their equality and diversity policies with employees' personal convictions. The outcome could establish important precedents for similar cases in the security sector and beyond.
The employment tribunal continues to examine the circumstances surrounding Mr Toshack's dismissal, with both parties presenting their arguments about whether the security firm's actions constituted unlawful discrimination or legitimate enforcement of workplace policies.
