Custody officer job withdrawn for GC beliefs - Gribbon (SP legal team) is his solicitor

[InterrobangsArePureBias]

I wonder how many more of such actions will be launched. To adapt Jimmy Doyle’s phrase, “the spectacle of this nation’s [lanyard classes] enforcing moral auto-lobotomy as a condition of entry to [employment]”.

A prison custody officer who was sacked for saying he would not address male-born transgender inmates as ‘she’ or ‘her’ has launched legal action against one of the UK’s largest security firms.
Army veteran David Toshack, 50, was dismissed by GEOAmey during a training course only days before taking up a role as a prison custody officer (PCO) at Kirkcaldy Sheriff Court.
The father of three told a safeguarding workshop that he would not be comfortable using a transgender inmates’ preferred gender pronouns and expressed his belief that a man could not become a woman.
It sparked a horrified reaction from bosses at the firm, which employs thousands of justice workers across the UK, who said his views were against the law and company policy.
…
He said: ‘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.’

https://archive.is/bxjqC

Original story about David Toshack in Daily Mail: https://www.dailymail.co.uk/news/article-14963309/Prison-custody-officer-sacked-refusing-call-male-born-trans-prisoners-her.html

DT - I didn't swear or use derogatory terms, I've used those on my Facebook but wouldn't in
that situation

Ex-Army Trainer
Fixed command structure
Formal way of reporting "Up-the-Line"
Did "Sir Yes Sir" training for UK and Iraq/Kurdish forces

DT -
I was at college worked on building sites,
worked in factories,
2008- joined Sky TV, 20 yrs started in customer service, worked up to team leader, stayed until 2018

2009 - joined the reserves, finished basic training in 2010,
in addition to work - evenings, weekends etc

• I was a qualified medic,

took me years to get qualified, a split between trauma care and general health Iraq, training Kurdish forces, medical training 2018 - full time training post with the regular army, training troops that we're going to be deployed, and working in the medical on base 20?? - Scotland, did some Army recruiting, 20?? 3rd tour to Afghanistan and then a tour to Kenya, 2024 GA

From TT

DH I asked u about a hire car provided to you. Did u have it for the weekends?
DT Yes
DH Did u get petrol for going home and to training events?
DT Yes
DH The layers can deal w this as we progress. Just give me a moment please

From TT

DH U received a bounty payment of £2K in 2025. Were u expecting to get the same in 2026?
DT [discusses reserve bounty work and needing to do 2 weeks away at least] No, I'm not intending on getting it again
DH The schedule of loss prep by yr solicitors is on p264-5. You provided this evidence to her?
DT Yes

DH I will just check my notes. I seem to have come in under budget. Oh, I'm grateful that my colleague has drawn my attention to that being the counter argument

J Wld u like a break. I'd rather get going again today.

From TT

MM I'd rather start early tomorrow. MLF said I cld have his extra hours!
J Will you be ok with 2 hours?
MM Yes
J Let's start tomorrow at 9.30 am. You mustn't discuss the case with yr wife or anyone else, nor look at social media DT.

Court adjourned

This afternoon's session is here:

https://threadreaderapp.com/thread/2016506416601665747.html

NB Tomorrow's session starts at 9.30am, not 10.

Claimant will have two hours, then I think the Respondent will finish tomorrow with closing arguments and submissions n Friday, but I'm speculating.

I have a 30 minute call at 2pm tomorrow, and I'm not available before 11.30 on Friday.

Duplicate post

@MyrtleLion thank you for your work ❤️

Thank you @MyrtleLion I was able to listen to/watch some of today’s evidence but missed most of the afternoon so your posts have been a life saver.

Thank you @MyrtleLion !

If GA loses this case, will they be able to sue SPS, given that they are obliged contractually to follow SPS's policy?

It would be and I would argue from a data protection control point of view having initials on paper files which could be lost in a melee /traffic accident /etc and maybe being accessed / updated in public.

Then the issue of the Police /Court / their legal team having differrerent data ( correctly sexing the detained) it removes a margin of error of "loosing" someone

If the form is what I imagine, the detainee's name and details are at the top of each page. It's a question of what the custody officer writes in the narrative section. "He tried to punch me in the face" vs "She tried to punch me in the face" vs. "RM tried to punch me in the face."

A contractual clause that said GA had to sack anyone for their lawful beliefs would not be enforceable in court, so GA wouldn't have to abide by any such requirement.

Unlikely
unlawful clauses are unenforceable so PSP obliging GA to breach the ES10 is a void term

GA would have to show the clause in the contract was the sole reason they had the policy. While a well constructed contact would oblige them to have the professional competency to write lawful policy and keep it updated.

If GA loose they will have to prove a level of control (A Bailey case?) but SPSP service contract will not remove independants. BoDir. set GA policy so GA have applied an unfair process to a GA employee that is a GA Hr failing.
IMO if J recognised he was sacked due to a PC the process had to be unfair plus GA could (in theory) have put a process in place to make sure he was not in contact with TG detainees within the SPS.

Agreed depends on what is supplied and whats carried by the CO/ PO

The Q would be do the PO need to fill out an incident report on the ID "card" which would have personal details and pronouns and medical or supervision flags etc.

No need to have a name on each page of an incident report the ID number could be used.

RM tried to punch DT in the face. PO2 stopped this by...

Thanks for posting @MyrtleLion

Far less potential for confusion if initials are used particularly if several people are involved.

For sure. It's usually bullet point type notes anyway. Like

2.15 RM given sandwich
2.30 checked no issues
3pm RM given cup of tea
4pm left court no issue during transport

Even in describing a big incident, notes don't tend to get into 'and then she' etc because it has to be written quickly and concisely. Really easy to avoid any pronouns and much clearer with initials.

It's rather like TT where initials are used throughout and all is perfectly clear.

https://www.bbc.co.uk/news/articles/cwyn2yxzrdro

https://www.thescottishsun.co.uk/news/15856512/prison-officer-tribunal-trans-sacked/

We are expecting a 9:30 am start today in Toshack vs GeoAmey. Background on the case, yesterday's reporting can be found here:
https://open.substack.com/pub/tribunaltweets/p/toshack-vs-geoamey-ltd

Mr Toshack (DT) asserts that he was was dismissed because of his gender critical beliefs. His appeal against his dismissal was subsequently upheld. He is claiming harassment, discrimination and indirect discrimination on the grounds of his gender critical beliefs.

We are an all volunteer organisation. Please follow us here, on our second account
@tribunaltweets2 and on our Substack. Consider subscribing to support our work.

Abbreviations
DT/C - David Toshack, claimant

GA/R - Geo Amey Ltd, respondent

MG - Margaret Gribbon, solicitor for claimant

DH - David Hay KC, advocate for the claimant

PCO - Police Custody Officer

ITC - introductory training course

MM - Michael McLaughlin, advocate for the respondent
SH - Sarah Harvey, training course instructor
CH - Chris Hutton, training course instructor
GC - Gender critical or sex realist beliefs
BITWB - Born in the wrong body
TW - Trans woman, person born male who identifies as female
TM - Trans man - person born female who identifies as male
DEI - Diversity, equity and inclusion
SPS - Scottish Prison Service

DH finished his direct examination of DT yesterday. Today we are expecting cross examination by MM for the Rs.

Court starts at 9.30am today.

From TT

We begin, DT returns to the witness stand.

MM - I'm going to start by asking you qs about your evidence from y'day. You spoke about your daughter, that's the first time I've heard any of that. But I will be as sensitive as I can with my qs.

MM - some qs about your faith. Are you Church of Scotland.
DT - yes
MM what core principles of Christianity have influenced your life
DT - roughly speaking the 10 Commandments, Jesus as a role model, I'm not some Bible thumping religious zealot.
MM - I'm not suggesting you are

and you're not relying on religion as protected belief, but as a foundation of your gender critical beliefs.
DT - yes, its the 10 Commandments and Jesus as a role model
MM - including love your neighbour as yourself
DT - yes
MM - you said you started back to church regularly

From TT

years ago, what reasons for that
DT - my father died 3 years ago, and we moved to Kirkcaldy and wanted to be part of the community
MM - can you tell me more about your daughter and her circumstances
DT - it's confusing, she says 'I'm trans', its more androgynous clothes etc

but I don't know what you'd call it.
MM - did she change her name
DT - yes
MM - to a male name
DT - androgynous name
MM - what name
J - I don't think we need the exact name, privacy issues
MM - <shrugs> What about your religious beliefs informs your GC beliefs