A trainee prison custody officer was described as appearing "angry" and "agitated" following a disagreement over the use of pronouns for transgender prisoners, an employment tribunal in Edinburgh has been told. David Toshack, a 51-year-old former soldier, has taken security firm GEOAmey to the tribunal, alleging he was unfairly dismissed because he refused to comply with the company's policy on using chosen pronouns.
Details of the Training Session Dispute
The tribunal heard evidence from Christopher Hutton, an instructor at GEOAmey, regarding a training session on 7 January 2025. Mr Toshack was asked to leave the room after stating he would only use sex-based pronouns. Mr Hutton recounted a subsequent meeting, noting that Mr Toshack "looked angry to be honest, his face was a bit red", indicating visible distress over the issue.
Company Policy and Safety Concerns
Under questioning, Mr Hutton emphasised the importance of GEOAmey's policy, which mandates the use of prisoners' chosen pronouns in paperwork. He cited an alleged incident where a transgender prisoner, upon seeing paperwork referring to them as "he" rather than their preferred pronouns, assaulted an officer. This highlighted potential safety risks, with Mr Hutton stating: "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."
Mr Toshack, who was dismissed with immediate effect during his final week of training, has denied being hostile to colleagues. He argues that his personal beliefs should not lead to dismissal, but GEOAmey contends that his refusal to follow policy constituted a failure of probation.
Further Testimony and Context
Another GEOAmey employee, identified as Ms Ross, testified that Mr Toshack became "quite heated" during the training session. She also discussed the case of transgender prisoner Tiffany Scott, previously known as Andrew Burns, who died in March 2024. Ms Ross described Scott as an "infamous character" requiring 24-hour supervision due to self-harm tendencies, underscoring the sensitive nature of handling such cases.
Ongoing Tribunal Proceedings
The tribunal, presided over by employment judge Amanda Jones, continues to examine the allegations of unfair dismissal. The case raises broader questions about balancing personal beliefs with workplace policies in high-stakes environments like prison custody.
