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Jan 30 36 tweets 8 min read Read on X
This is Day 3 am, session 2 of Toshack v GeoAmey.

The earlier session can be found here along with all abbreviations etc.

The sound quality today is not ideal but we will persevere.

We resume at 11:20am.
We believe the next witness is Laura Laughland (LL).
Hoping sound quality will have improved.

We resume.
Oath taken
J - DH will ask you qu, then MM. Then I may too.

DH - details
LL - Laura catherine Laughland - PCO, for SPS
DH - at?
DH - HMP ??
LL - ***
LL - female wing (FW)
DH - from about 2021?
LL - yes
DH - not following case?
LL - no
DH - some evidence on SPS on TP prisoners. DUring time in DH (HMP) were you aware of any in F wing, who were TW?
LL - yes
DH - how many
LL - one at that time, since ther's been another and recently 1 again
DH - so 1 then 2 then 1
LL - yes
DH - you had regular contact with them?
LL - yes
DH - your duties involve search?
LL - yes, physical rub down or in cell body search
DH - like a patdown and other search more involved?
LL - yes, body search, we aske if they have anything harmful
LL - or not allowed, then search half body naked at a time, never fully naked
DH - who does it work
LL - males search males, female officers search females
DH - HMPDH, I assume you are F?
LL - yes
DH - so you would search HMPDH women?
LL - yes
DH - at HMPDH are TW treated dif>
LL - I was told when I arrived that TWAW and I was to search TW, there was one when I arrived.
DH - you were expected to search TW?
LL - yes, they were a long term prisoner, had to
DH - don't identify, but the crime?
LL - murder
DH - was there concern you would be searching
DH - that TW?
LL - yes spoke to manager October after SC ruling to say I wasn't comfortable searching TW.
DH - oct last year?
LL - yes
DH - has anything changed for you at HMPDH? was the body search expectation changed.
LL - yes, when I spoke to them they said i wasn't expected
LL - to spoke to residential manager, said I was expected to
DH - will come back to that. The expectation s changed?
LL - yes, i didn't have to search that prisoner
DH - did other members of senior staff raise that you raised it?
LL - someone asked if something had happened
LL - I said no it was me, going forward I wasn't comfortable.
DH - nobody at SPS said not acceptable?
LL - not at that time
DH - mention meeting with POA union and manager had you spokend to union before
LL - yes ***
DH - there was an expectaiton to search as if woman, changed
DH - after you raised it, exception made, did you discuss with union?
LL - didn't know I could, as far as I knew I could object
*** bad sound***
DH - what do you understand the impact of the local verbal agreement to be
LL - it's that local staff volunteer to search T prisoners
LL - but nobody had told me that was the case when I joined.

MM - morning. you ref your beliefs, what are they?
LL - m and m and women are w and you can't change sex or gender
MM - how longbelived
LL - always
MM - when you started working in prison
LL - 2021
MM - HMPDH?
LL - yes
MM - from time to time you searched the TP?
LL - yes
MM - treated as woman
LL - yes
MM - was your understanding you should
LL - yes
MM - pg99. SPS doc, policy on TP in custody, seen?
LL - yes
MM - broadly, search, PP everything TW will be treated as women by PCO
LL - yes
MM - contrary to your beliefs, but you did search that prisoner
LL - yes
MM - in the SC decision, you mention clarification and SSspaces. EQA case?
LL - yes
MM - handed down in April 25, did you hear about it?
LL - yes
MM - what was your understanding
LL - in SS spaces, it means sex not GI
MM - pleased?
LL - a relief
MM - 6 month gap till you raised it, said no issue with the TP, why did it take you 6 months to say something
LL - april 25 was long term sick, went back in June 25, a lot of talk about, we didn't know what SPS
LL - would do, waiting for clarification from ScotGov on SSspaces.
MM - what gave you clarity in Oct
LL - had waited quite a while, before SC couldn't raise SPS policy, didn't want to be seen as transphobic, but because SC ruling it aligned with my views but seemed law
MM - debate continues to rage, SSspaces aren't searches draw the line
LL - search is done in a SS environment, in the cell
MM - local agreement, union coming in next, you say agreement was between union and management, that's all you know?
LL - asked my MP, should there be more info
LL - he said everyone was in agreement and it was never written down.
MM - the shop steward ?? dod you know when agreement happened?
LL - couple of years before I arrived when T prisoner arrived. Before my time
MM - nobody mentioned it?
LL - no, no manager, not the intro I got
LL - said TWAW
MM - did you have any interaction with shop stewards?
LL - yes, yes
MM- on anygiven day in HMPDH, what's the capacity
LL - 53 female prisoners I think
MM - on a shift how many officers
LL - 4 and a manager
???
LL - yes
MM - do you know which managers agreed?
LL - no.
MM - no more

DH - pg606 email from you?
LL - yes
DH - to Mr Ly?? and devlin
LL - firstline manager and rep
???
DH - page 601, 10th oct, response within the hour, Mr L, ???? that's what you were told.
LL - yes

J - that's fine, you can leave. Mr Fearly (?)
DH - yes
DH - my last witness.
J - do we have any R witnesses?
MM - we have SH lined up for 1:30
J - think Mr F will be short, SH after lunch, running well ahead of time, maybe we can move to mysterious issue this afternoon?
DH - yes, though may be next week.
**We will use MF for Mr Fearly, if no first name is given.**

Affirms. checks social use.

DH - hello, name
MF - mark fairlie
DH - job
MF - prison office assn
DH - top of the tree
MF - lead scotland
DH - how long
MF - 6 years
DH - roles
MF - *lists senior prison roles* in Prison Officer Association
*very hard to hear*
DH - where based
MF - lanarkshire
DH - were a PCO yourself?
MF - yes from Jan 1980
DH - qu on POA involvement, on this policy, generally first, SPS policy doc for staff. One of many
DH - generally what would POA generally input to policy docs such as this issued by SPS
MF - docs are generally agreed between SPS, at the table earlier in process to put our views on what would be good policy.
DH - early stages, possibly later review? involved till issued?
MF - normally whole way through, not all ****
DH - POA will sign off policies it is involved in?
PF (PHIL FAIRLIE) - unions all come to table together and do it
DH - all policies
PH - no
DH - over the years in your experience, proportion signed off?
PH - when POA need to input on
PH - operational issues.
DH - policy which goes to management of TP in custody, dated Dec 2023, did POA have discussions on this one at input stage
PH - contributed to policy, had difficulty ...concerns from membership.... (SORRY hopeless sound)
DH - why was that
PH members raised concerns
PF - about searching, being asked to search TP prisoners, had to get to a position where we could resolve that
DH - dialogue with members, what were the concerns
PF - their own trauma history, concern about being in that position, intimate searches.
DH - input from members, other
DH - discussion in POA on this issue?
PF - took legal advice
DH - at officer level was it discussed on committee?
PF - we discussed what we were picking up from members, not just employed to do, but ideological concerns too. ???
DH - physical concern, female staff?
PF - y
DH - extract from a longer doc 671-2, see POA scot conference, how oftne a conference?
PF - yearly
DH - it's a report?
PF - yes ????
DH - highlighted extract, 672, part of report transcript of comments, on issue of searching T prisoners, particularly from union side
DH - who is JIm McKay?
PF -??? cross talk ??? POA scotland has national committee, UK one too.
DH - policy doc is a national one. evidence of incidents of local agreements. One site there's one on searching T prisoners. What's your understanding?
PF - no formal agreements, some cases local
PF - understanding, aware of Greenock and ??? picked up there were discussions when trying to agree policy. Where staff had concerns, it was agreed.
DH - you mention Greenock, aware of other informal agreements?
PF - thought it was informal, asked heard there were other examples
PF - wanted to be certain.
DH - you made enquiries? evidence is?
PF - did that because of anecdotes, because asked to come here, wanted to ask the qu.
DH - part of POA function is assisting members, in disciplinary for eg?
PF - yes
DH - any POA members disciplined by SPS for
DH - objection to searching T prisoners
PF - not that I'm aware.

MM - you were involved in early stages, but from feedback didn't sign off, does the POA not recognise it?
PF - no, SPS has right to do that, but union ?????
MM - you say there were belief issues among indiv
M and females health safety and dignity
PF - yes
MM - policy '23 no suggestion members shouldn't follow
PF - if there was difficulty see rep
MM - in respect of beliefs?????
PF - yes, in terms of policy
MM - there's no nation union policy?
PF - no
MM - local understanding
LOST A TWEET

MM - any discussion between SPS and union since FWS, SCS decsion?
???
MM - agreement in POlmont is around searching?
PF - yes

J - which other unions involved
PF - PCS and PGA
J - claim is a PCO employed by GA, are they eligible to join yours?
PF - yes
J - even if employed indirectly to transport
PF - yes
J - any re-examination?
DH - no

J - you can leave, we will break now and return after lunch. In terms of timetable, 3 hours?
MM - 2, or 2 1/2
DH - one from me?
J - OK don't want to go part heard over the wkend, back at half 1.
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More from @tribunaltweets

Jan 30
Good afternoon. This is Day 3, pm session#1 of Toshack vs GeoAmey Ltd, from the Edinburgh Employment Tribunal. We expect to start at 1.30pm Image
Mr Toshack (DT) asserts that he 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.
Our Substack with background on the case and reporting threads from earlier days of the tribunal can be found here: tribunaltweets.substack.com/p/toshack-vs-g…
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Jan 30
Good morning.
This is Day 3, am session#1 of Toshack vs GeoAmey Ltd, from the Edinburgh Employment Tribunal.
We expect to start at 10am. Image
Mr Toshack (DT) asserts that he 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.
Our Substack with background on the case and reporting threads from earlier days of the tribunal can be found here: tribunaltweets.substack.com/p/toshack-vs-g…
Read 55 tweets
Jan 29
We will be returning for the afternoon session of day 2 of David Toshack (DT) v GeoAmey Ltd at 1.55pm to continue DTs cross examination at Edinburgh Employment Tribunal court.
He claims harassment, discrimination and indirect discrimination on the grounds of his GC beliefs. Image
Our Substack with background on the case is here:

Please consider subscribing to our Substack to support our work as we are all volunteers.
Please note: substack.com/home/post/p-18…Image
Image
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Abbreviations:
DT/C - David Toshack, Claimant
DH - David Hay, KC, for claimant
MG - Margaret Gribbon, solicitor for claimant
GA/R - GeoAmey Ltd, Respondent, a British company specialising in prisoner transport
MM - Michael McLaughlin for respondent
Read 47 tweets
Jan 29
Part Two of Morning Session Thursday 29 January in Toshack vs GeoAmey
See tweet thread below for background, abbreviations etc.
threadreaderapp.com/thread/2016800…
We return.
MM - I want to turn now to why you applied to GA for a job
DT - I thought it would be interesting and challenging job, seeing what when on in the courts.
MM - we've heard about your strong beliefs on sex and gender, given your strong views, did you give any thought
to having to deal with trans prisoners
DT - didn't really cross my mind, didn't give it much consideration
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DT - I didn't give it a lot of thought, no
MM - <turning to contract> effective from 25 nov 2024, that's when you started
Read 67 tweets
Jan 29
We are expecting a 9:30 am start today in Toshack vs GeoAmey. Background on the case, yesterday's reporting can be found here:
open.substack.com/pub/tribunaltw…Image
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.
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Jan 28
We'll return at 2pm for the afternoon session of day 1 of David Toshack's employment tribunal against GeoAmey Ltd. He alleges he was dismissed from a police custody officer role due to his gender critical beliefs - claiming harassment, discrimination and indirect discrimination. Image
This morning's proceedings can be read here:
threadreaderapp.com/thread/2016440…

We are a volunteer collective of citizen journalists. Please follow us here on @X, our Substack and consider subscribing.

Our Substack with background on the case is here: substack.com/home/post/p-18… Image
Abbreviations:
DT/C - David Toshack, Claimant
DH - David Hay, KC, for claimant
MG - Margaret Gribbon, solicitor for claimant
GA/R - GeoAmey Ltd, Respondent, a British company specialising in prisoner transport
MM - Michael McLaughlin, counsel for respondent
Read 50 tweets

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