Edinburgh Charity Sued by Woman Who Claims Unfair French Dismissal

A French woman is suing an Edinburgh charity, alleging racial and ethnic discrimination. Lydia Magloire says they unfairly dismissed her, believing this was due to her being French and her “broken English.”

Lydia, age 49, is taking action against Earth in Common, a Leith charity that helps locals grow food together using shared plots of land. Lydia claims the company humiliated her because of her English, mentioning a manager’s strong accent that she found too hard to understand.

Lydia spoke for herself at the tribunal, sometimes using English and other times an interpreter. She volunteered at the company in 2019 and became a coordinator in 2021. They fired her August 21, 2023, with the charity citing “unsatisfactory performance,” a reason Lydia disagrees with.

Brian Pendreigh, representing Earth in Common’s CEO and founder Evie Murray, asked Lydia about discrimination due to her being French. Lydia used an interpreter to reply, saying her English wasn’t good then, and she felt humiliated for this reason, finding it hard to express herself clearly.

Brian asked if she knew they hired another French worker. Lydia acknowledged this, noting that the person was French and Scottish and had better English. She felt alienated because her English was basic.

Lydia felt unsupported reporting a volunteer’s conduct, stating her employer didn’t respond sensitively. She also felt unsupported reporting it to the police. Earth in Common says they fired Lydia for “unsatisfactory conduct,” citing her avoidance of emails, refusal to lead workshops, and booking a long vacation without approval during their busiest month in 2023.

Lydia says her performance was fine, and Evie knew about her holiday plans. She booked before approval to get cheaper tickets. She was surprised by the dismissal, as she thought she did well and was improving her English, despite knowing it wasn’t perfect.

She felt very sad about the experience, having invested much in the company, and said she felt shattered emotionally. Her doctor said she was “not fit for work” in July 2023 due to “stress at work,” adding she was in “torment” and had trouble sleeping.

Lydia got a job at Edinburgh Zoo in December 2023, working as a groundskeeper for 37.5 hours per week, earning more than she did at Earth in Common, where she worked only 26 hours weekly. Evie Murray founded Earth in Common in 2013 to give locals access to outdoor spaces, transforming unused land in Leith.

The charity also runs a cafe and shop, selling local goods and hosting community events focusing on exercise and mental health. Judge Murdo Macleod is presiding over the tribunal, which began February 18 and is ongoing.