Sacked prison officer loses tribunal over trans inmate's pronouns

"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'."

David Toshack, a 51-year-old Army veteran and custody officer, was dismissed by security firm GEOAmey in January for failing to adhere to anti-discrimination policies regarding transgender inmates' pronouns. He claimed discrimination based on his gender-critical and Christian fundamentalist beliefs. However, Judge Amanda Jones ruled that Toshack was dismissed for refusing to follow company policy, not for holding particular beliefs. Two other staff members with similar beliefs were not dismissed because they complied with GEOAmey's instructions. The Scottish Prison Service and GEOAmey both require staff to respect inmates' gender identity and use correct pronouns. Toshack argued his Christian beliefs compelled him to violate these policies, but the tribunal found his dismissal justified based on policy violation rather than belief discrimination.

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