Scots Charity Sued After Firing Hostile French Worker, Boss Claims

Lydia Magloire, 49, filed the case, stating Earth in Common fired her because she is French and her English was “broken.” Evie Murray, Earth in Common’s CEO and founder, testified on Thursday and was questioned by Employment Judge Murdo Macleod.

Murray explained Magloire’s firing reason involved a holiday leave dispute, conduct issues, and long-lasting performance problems. Murray stated staff hostility existed, as Magloire seemed unhappy with a colleague and often complained to Murray. Magloire also regularly missed meetings.

Magloire preferred only garden work, and other necessary jobs were difficult, while volunteers also experienced hostility at the market garden. Magloire requested 15 days off spanning three weeks during July and August 2023.

Murray stated no formal request existed, and the holiday fell during a key period coinciding with a building launch, as Magloire was one of two trained baristas. Murray noted the charity relied on its baristas to train new staff members, and the launch was planned for months ahead. She also stated staff could take holiday before or after.

The charity’s finances were unstable then, so Murray tried to stabilize the organization and the board consulted about Magloire, sending a letter on July 12, 2023, stating taking leave meant resignation. Magloire did not work during her holiday and provided a doctor’s note instead, citing “work stress” before. Murray said the note came from France and she thought Magloire traveled there.

Murray alleged Magloire disliked an investigation’s result involving a concern she raised against a volunteer. She felt Magloire was unhappy and hostile, and Murray ended Magloire’s employment on August 21. During questioning, Magloire asked for proof and examples of harassing Murray.

Murray said Magloire was “aggressive,” walked away during talks, and waved to show her unhappiness. Murray claimed Magloire refused work once, sitting on a wall most of that day, and left when Murray approached her.

Magloire asked about CCTV evidence, but Murray said the CCTV was for serious events and offered “just her testimony.” Magloire asked Murray to “look me in the eyes,” but Murray preferred not to, stating it wasn’t an admission of guilt and she wanted to avoid conflict.

Earth in Common started in 2013 when Evie Murray wanted local access to outdoor spaces, using land for community gardens. The charity runs a cafe and shop and hosts community events often, which promote skills, fitness, and wellness. Judge Macleod oversees the tribunal, which started on Tuesday, February 18, and the hearing continues now.