A French woman suing a Scots charity for racial and ethnic discrimination was fired for being “hostile” and “uncooperative”, her ex-boss has told a hearing.
The Edinburgh Employment Tribunal is hearing the case of Lydia Magloire, 49, who alleges she was dismissed from Edinburgh charity Earth in Common for being French and for having “broken” English, reports Edinburgh Live.
The court heard on Thursday from Ms Evie Murray, CEO and founder of Earth in Common as she was questioned by Employment Judge Murdo Macleod.
Ms Murray shared her understanding of why Ms Magloire was dismissed, claiming it was due to a holiday leave issue, conduct concerns and “longstanding” problems with performance in her role.
She said: “There was a lot of hostility between [a member of staff] and [Ms Magloire]. Ms Magloire seemed unhappy with [the member of staff] and regularly brought complaints to me. There were longstanding issues with her not turning up to meetings.
“[Ms Magloire] really only wanted to work in the garden. It was difficult to get her to focus on [other] work that needed to be done. There was a lot of hostility between some volunteers at the market garden and [Ms Magloire].”
The court also heard Ms Magloire had requested 15 days of leave over three weeks during July and August 2023. Ms Murray claimed no formal request was lodged and the holiday fell during their most important period of the year – during a building launch and when Ms Magloire was one of two trained baristas in their cafe.
Ms Murray continued: “We really depended on our two baristas to induct new staff. We’d planned the launch for months. People could go on holiday before or after.”
At the time, Ms Murray claimed the charity was on shaky financial ground and she was “desperately” trying to bring the organisation to a more stable position.
Earth in Common’s board was consulted and eventually issued a letter to Ms Magloire on July 12, 2023 saying that if she chose to go on leave, they would consider that decision her resignation.
Ms Magloire did not attend work during the time of her holiday leave, instead submitting a fit note from her GP. Ms Magloire previously claimed she was deemed “not fit for work” by her doctor due to “stress at work”. Ms Murray told the court: “I believe she also travelled to France because the fit note was submitted from France.”
Ms Murray alleged Ms Magloire was also unhappy with the result of an investigation into a concern Ms Magloire had raised against a volunteer at the charity, adding: “I felt I had an unhappy, uncooperative, and hostile member of staff. I felt I was presented with a situation where I had to allow the holiday because of the history.” Ms Magloire’s employment was terminated on August 21.
During questioning, Ms Magloire asked Ms Murray to provide examples of how she had harassed her former boss.
Ms Murray told the court Ms Magloire was “aggressive in manner” and she “walked away in the middle of conversations” and would “wave her hands in vigorous gestures to show she was unhappy.”
The charity boss further claimed on one occasion Ms Magloire refused to work in a certain building and sat on a wall most of the day. When Ms Murray tried to discuss it with Ms Magloire, but claimed she “waved her hands and stormed off.”
Ms Magloire asked if there was any CCTV footage that proved these claims, but Ms Murray said CCTV was only accessed for serious incidents and there was “just her testimony under affirmation”.
At one point, Ms Magloire requested Ms Murray “look me in the eyes” when responding to questions. Ms Murray replied: “I prefer not to look directly in your eyes but it’s not an admission of guilt. I want to avoid conflict.”
Earth in Common was founded in 2013 by Evie Murray in an effort to give locals access to outdoor spaces in an urban environment. It repurposed unused land at the northern extremity of Leith Links into community crofts. The charity also runs a cafe and farm shop, which sells local produce. It regularly holds community events focusing on skill-building, exercise, and mental wellbeing.
Employment Judge Murdo Macleod presides over the proceedings which began on Tuesday, February 18. The tribunal continues.
Don’t miss the latest news from around Scotland and beyond.Sign up to our daily newsletter.