Sacked prison officer loses employment tribunal over trans inmate’s pronouns
51-year-old David Toshack was sacked for refusing to abide by a security firm’s policies. (Free Speech Union)
A prison officer who claims he was sacked over his refusal to use a trans inmate’s correct pronouns has lost a case disputing his dismissal.
Former custody officer David Toshack was dismissed by security firm GEOAmey in January last year for failing to adhere to the company’s anti-discrimination policies.
The 51-year-old Army veteran was just days away from completing a training scheme to become a custody officer at Kirkaldy Sheriff Court when he reportedly refused to use a transgender inmate’s correct pronouns because of his ‘gender-critical’ and Christian fundamentalist beliefs.
He lost an employment tribunal against GEOAmey late last week after taking them to court on the grounds of discrimination and harassment.
Judge Amanda Jones wrote in a ruling opinion published on Friday (13 March) that Mr Toshack had not been dismissed because of his ‘gender-critical’ beliefs, but rather his refusal to abide by company policies.
She noted that two other staff members in the training course held the same beliefs, but were not dismissed because they had adhered to GEOAmey’s instructions.
The Scottish Prison Service’s anti-discrimination policy, which GEOAmey adheres to, says that staff must respect inmates’ gender identity should be respected “irrespective of where they are accommodated.”
As part of its operating procedures, the UK’s top security firm also has its own policy on trans and non-binary people, which similarly demands that staff respect inmates’ correct pronouns and titles.
Mr Toshack insisted that he had a right to forgo this policy, saying during the tribunal that his Christian beliefs compelled him to violate the company’s orders.
He claimed to have expressed his views in a “forthright manner” during training sessions. However, GEOAmey trainer Sarah Harvey claimed instead that she was forced to “de-escalate the situation” after a discussion with the former Army reservist became “heated”.
Representing Mr Toshack was the Free Speech Union (FSU), a right-wing legal campaign organisation which previously represented ‘gender-critical’ activist Graham Linehan after he was arrested at Heathrow Airport in September.
Dr Bryan Harris, FSU’s chief legal counsel, accused the tribunal of “wrongly” deciding Mr Toshack’s case, adding that he planned to appeal.
“The tribunal held that David was dismissed solely because he wouldn’t follow his employer’s policy and this was unrelated to his belief,” he told The Telegraph. “That assessment is in our view manifestly untenable, and we are hopeful that the tribunal’s decision will be overturned on appeal.”
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