Custody officer job withdrawn for GC beliefs - Gribbon (SP legal team) is his solicitor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

I'm a bit behind but I'm all for unconscious bias training - the irony is that "gender identity" is utterly reliant on unconscious bias - the notion that women are people who think or act in a certain way, rather than anyone who has a female body.

From TT

<reviewing slide deck>
MM - a leaflet given to females in custody, SH was talking about, says includes transgender women, do you see that
DT - yes
MM - she said had to be given to all women including TW
DT - I don't remember her saying that, but she may well have

From TT

MM - and prisoner had to confirm that they understand the leaflet, and read it to them if not
DT - I don't remember what specifically the order was
MM - did you say that you said you would not follow this policy and provide the leaflet
DT - I did not say that

Just caught up. Regarding the DEI stuff, didn't they say yesterday that the cohort he was training with was evenly split between the sexes? I'm thinking that's extremely unlikely to have happened by chance.

From TT

MM - she's adamant that you did and that was what began the discussion that resulted in your dismissal
DT - her recollection may be better than mine, because it was the one module she taught
MM - she said that you reacted in an aggressive manner, and said that you would not be

searching a transgender prisoner.

DT - I do not recall saying that
MM - saying you don't remember is different from saying you didn't say it, which is it
DT - I responded to a hypothetical situation, saying I would search, so why would I find something else.

From TT

MM - but you may have said something different, because you were in a meeting room facing dismissal
DT - I was not trying to back track in the meeting room.
MM - SH said that you said you would not use pronouns on the PER or use their chosen names
DT - I would dispute that.

Well someone is telling porkies, and I wouldn’t think DT.

From TT

MM - that's not what the note said. But we'll come to that. Now become an exchange between you and her.
DT - In general it was between me and her, but I do recall a couple of people chipping in
MM - I put it to you that you said you wouldn't search at trans prisoners

I agree. I think she added that to justify the dismissal.

I don't understand why they didn't use lawyers. And surely the handbook had rules about notice of meeting and right to be accompanied?

You can only summarily dismiss someone without the process of it's gross misconduct - sex or money and even then you must still conduct a proper investigation afterwards to cover your back justify your decision.

From TT

use name or preferred pronouns,
DT - I dispute that
MM - she reminded you of GeoAmey policies and that you had to adhere to them
DT - she said something like that.
MM - did you not say you would not comply with policies if you didn't agree with them
DT - I didn't say that

MM - did you say that you would treat male prisoners as men, how sure are you
DT - to remember a single sentence from 12 months ago, I can't be absolutely sure, but it's the best of my recollection
MM - she says you didn't mention religion or other beliefs is that correct

From TT

DT - i don't remember mentioning religion or beliefs
MM - now looking a policy on trans nb people in our care, date indicates in force, definition of trans person, GRCs, not required, can adopt appropriate name, must make every effort to communicate using name and pronouns

On unconscious bias training I remember the Civil Service pulled it a few years ago. There is a WMS On gov.uk

"To be successful in tackling discrimination, unconscious bias training should change behaviour. However, evidence suggests that attitudes and behaviours are each driven by different psychological systems, so a single intervention is unlikely to impact effectively on both. A systematic review of unconscious bias training examining 492 studies (involving more than 87,000 participants), found changes to unconscious bias measures were not associated with changes in behaviour (1)."

And "Further evidence also suggests that unconscious bias training may even have detrimental effects".
There was probably a thread at the time

From TT

and trans person be searched in line with affirmed gender,
DT - yes, confirming
MM - ensure the rights of trans people (TP) are protected, reads out additional requirements, do you see that
DT - yes
MM - risks associated with this, including legal challenge

DT - yes
MM - this wasn't present in the session, but SH said that rules and SOPs must be respected, do you remember her saying that
DT - I don't remember her saying that, she may have referred to policies,
MM - she says you were very forceful and intimidating in this encounter

From TT

can you comment on that
DT - I absolutely disagree with that. Makes no sense to me, why would she take me from a room in front of 20 people, out to an enclosed space if I had intimidated her and she thought i was aggressive.
MM - she said you raised your voice.

He makes a good point.

From TT

DT - I absolutely disagree
MM - but you said you were quite passionate about it, she also said that you were using hand gestures and she found it aggressive
DT - i was speaking normally and I have been using hand gestures during my evidence
MM - can you understand that she may

I think she's got her "assertive" and "aggressive" mixed up.

From TT

felt intimidated
DT - It makes no sense that she would invite me to an enclosed space alone to discuss if she felt intimidated
MM - she said she invited you to leave the room, because everyone else was feeling uncomfortable,
DT - these comments only came afterwards they were

not put to me in the hallway, in the subsequent meeting
MM - she's also going to say that you said you would not give a prisoner food, water or access to a toilet unless you thought it was necessary and that when told these were basic human rights, you said you wouldn't do it.

MM - she's also going to say that you said you would not give a prisoner food, water or access to a toilet unless you thought it was necessary and that when told these were basic human rights, you said you wouldn't do it.

Really???!

What next? Did he say he would tie them up and waterboard them?

From TT

And that you wouldn't search a trans prisoner and wouldn't use pronouns on PER.
DT - I said none of that.
MM - discussion of PER form and procedures,
DT - I can't recall exactly what the procedures were
MM - form has boxes for names, etc. It says use affirmed name and

From TT

affirmed pronouns. You won't use affirmed pronouns. Boxes for M & F; would you tick the box for M or F if you had a transwoman.
DT - I don't remember what the instructions were on preparation of the form.
MM - you would tick the male box, that's what your beliefs would lead

MM getting a bit testy.

From TT

you to do.
DT - yes
MM - and a TP could see this form, that will be CH's evidence
DT - I'm not sure
MM - using neutral pronouns will not get you around the check on the box
DT - I'm following reality and the truth
MM - it would cause you to completely depart from policy

what you call reality and truth that is.
DT - I'm not sure how that would have happened, I don't recall what was said,
MM - policy says used affirmed pronouns
DT - that's not what is happening here,
MM - you are dancing on the head of a pin

Does the Policy say they have to record the sex as biological sex rather than gender?