Lydia Magloire sues Scots charity Earth in Common alleging unfair dismissal and discrimination based on her French nationality.
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The charity in question is Earth in Common, an organization that helps people grow food on shared land to tackle food insecurity in Leith. Magloire says the company humiliated her because of her English ability, adding that she also struggled with a manager’s accent.
Magloire represented herself at the tribunal, sometimes speaking English, other times using an interpreter. She volunteered there in 2019 and was hired as a paid coordinator in 2021. They fired her on August 21, 2023, citing poor performance. She disagrees with this reason for her termination.
The lawyer for the charity’s CEO questioned her about how her being French led to discrimination. Magloire said she “couldn’t speak English properly” back then, saying that because of this, the company humiliated her. “I couldn’t express myself clearly,” she added.
The lawyer asked about another French employee that Magloire knew about. That person was partly Scottish and also spoke English really well. She felt isolated due to her “broken English.”
Magloire felt unsupported after reporting a volunteer’s issue. The charity claimed they fired her for bad conduct, saying she ignored emails and didn’t lead workshops properly. They also stated she took a holiday without permission during a busy time.
Magloire said the CEO knew about her holiday plans and that she booked it early for cheaper prices. She thought she did a great job and was surprised by the firing. She knew her English was not perfect, but it was getting better.
She felt “totally destroyed emotionally” after working hard. Her doctor said she had work-related stress and this diagnosis occurred in July 2023. She couldn’t sleep because she was in torment.
Magloire now works at the Edinburgh Zoo as a groundskeeper. She earns more than at the charity, but she also works more hours per week now.
Earth in Common started back in 2013. They wanted to provide urban outdoor spaces and converted land into gardens. The charity has a cafe and a shop too, where they sell food grown locally.
Judge Murdo Macleod is handling the case. The hearing began February 18, and the employment tribunal continues.