Charity boss says discrimination claim is false, citing poor performance, uncooperative behaviour, and holiday issues.
Lydia Magloire, 49, says she was fired unfairly. She believes it was because she is French, and that her English wasn’t fluent enough. The Edinburgh Employment Tribunal is hearing the case.
Evie Murray led the charity, Earth in Common. She testified about Magloire’s firing, stating it wasn’t discrimination. She cited holiday issues and poor performance as reasons for the dismissal.
Murray said Magloire had issues with a colleague and often complained about the coworker. Murray also stated that she often skipped meetings. In addition, Murray shared that Magloire seemed to only like gardening.
According to Murray, it was hard to get her to do other work, and there was also tension between Magloire and volunteers. Magloire asked for 15 days off during a busy July and August. Murray said she didn’t get a proper request, and that it was a crucial time for the charity.
The charity depended on two baristas to train new staff, as they had been planning the launch for months. Murray stated the charity was struggling. The board discussed Magloire’s holiday request, telling her going on leave would be seen as resignation.
Magloire didn’t come to work then but she sent a doctor’s note. Magloire’s doctor said she had work-related stress. Murray mentioned the note came from France, and she thought Magloire had traveled there.
Murray claimed Magloire was unhappy with a prior issue. She felt Magloire was hostile and uncooperative. She terminated Magloire’s employment in August.
Magloire questioned Murray during the hearing, asking for examples of her harassing Murray. Murray said Magloire acted aggressively, interrupted conversations and used angry gestures. Further, Murray said Magloire once refused to work inside, and instead, she sat outside most of the day.
Murray stated that Magloire was dismissive when confronted. Magloire then asked for CCTV proof of this behavior. Murray said they only use it for serious issues, explaining there was only her testimony.
Magloire asked Murray to look her in the eye. Murray said she preferred not to for conflict avoidance. This was not seen as an admission of guilt.
Earth in Common started in 2013. It gave locals access to outdoor spaces and repurposed land into community gardens. They also run a cafe