FSU member David Toshack was instantly dismissed from his role in Scotland as a trainee Prisoner Custody Officer at GeoAmey, a private company contracted by the government to supervise and escort prisoners across the UK. His alleged misconduct? Calmly expressing his view that sex is real, binary and immutable and that people cannot simply change sex at will. Over five weeks of training, David was, by all accounts, an exemplary employee. His performance was consistently praised, with instructors recording positive comments in his workbook.
He also contributed thoughtfully to training session discussions. When the topic of managing transgender prisoners came up – men who identify as women and women who identify as men – he sometimes expressed the view that a person’s sex cannot be changed. Yes, he would treat all prisoners with respect, call them by their chosen name, and use non-gendered language where appropriate. But no, he could not, in good conscience, use pronouns that conflicted with biological reality and refer to a man as a woman and vice versa.
That approach went unchallenged until the final week of David’s training, when GeoAmey’s safeguarding lead asked him to leave the training session because he stated during a diversity discussion that he could only the pronouns that corresponded to prisoners’ biological sex.
Minutes later, David was marched to a meeting with the company’s lead trainer and an HR representative during which he was told he was being dismissed with immediate effect because he was “not suitable” for the role due to his “strong beliefs”. The company stated that his refusal to use preferred pronouns was incompatible with their policies and “the law” – even though the belief he expressed, that sex is real, binary and immutable, has been upheld as protected under the Equality Act 2010.
No attempt was made by the company to reach a compromise or accommodate David’s protected belief despite his assurances that he would always use neutral language that ensured respect for all.
Instead, he was escorted from the training venue that same day.
The usual company disciplinary procedures were not followed, and no note of the meeting has ever been shared with him. He was given no advanced warning of his dismissal nor offered the right to be accompanied. Following an appeal process, the company changed the reason for his dismissal, alleging that he had expressed his views in an aggressive manner, which is not borne out by their own contemporaneous documents.
These procedural failings reinforce the sense that the outcome had already been decided, and that the real issue was not David’s conduct or competence but his sex realist beliefs.
David is now fighting back with the support of the FSU. With your help, we can ensure this case is properly argued and fully heard. The funds raised will cover legal fees for David’s legal team, disclosure work, witness preparation, and representation through to the final hearing.
Help David fight back. Donate now to support his legal case.
Any money raised above what’s needed will be used by the FSU to fight other, similar cases.
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