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Edinburgh woman sues charity and earns £8k compensation payout over 'holiday row'
A French woman who sued an Edinburgh charity is entitled to thousands of pounds in compensation from her former employers, a judge has ruled.
Lydia Magloire took legal action against Edinburgh non-profit Earth in Common. Edinburgh Live covered the proceedings at the Employment Tribunal in February where Ms Magloire alleged she suffered detriment due to being French, among other claims.
Employment Judge Macleod ruled that Ms Magloire should be paid "£7,642.48 by way of compensation for financial loss and injury to feelings".
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The judge released his decision on June 5, dismissing the claims of racial discrimination but carrying other claims.
A report states: "The claimant's claim of indirect discrimination on the grounds of race fails, and is dismissed".
However, Judge Macleod found the respondent refused to grant Ms Magloire annual leave and warned her "if she took her holidays she would be dismissed". The report also states Ms Magloire "was dismissed because she raised a protected disclosure" and "was therefore automatically unfairly dismissed".
At the Edinburgh Employment Tribunal, Ms Magloire claimed she was 'humiliated' by the company on the basis of her English proficiency. She also claimed one of her managers had a 'strong Aberdeen accent' that was 'hard to understand'.
Representing herself at the tribunal, Ms Magloire alternated between answering questions in English and speaking through an interpreter.
She became involved with the organisation as a volunteer in 2019, eventually beginning employment at the charity in 2021 as a coordinator. Her employment was terminated on August 21, 2023. The court heard that Earth in Common dismissed Ms Magloire for 'unsatisfactory performance,' which she contested.
The court heard Earth in Common dismissed Ms Magloire due to 'unsatisfactory conduct'. The charity claimed Ms Magloire refused to engage with email correspondence, lead workshops, and she booked an extended holiday without approval during one of the charity's busiest months in 2023.
Ms Magloire contested that her performance was unsatisfactory, claiming Ms Murray was aware of her intention to take holiday and that she booked the trip prior to her leave being approved to secure cheaper tickets.
She told the court she was 'surprised' by her dismissal as she thought that she was doing a 'great job' in her role. She acknowledged her English speaking and writing was not the best but she was improving her proficiency.
Ms Magloire added: 'I was very sad. I invested myself a lot in the company. I was totally destroyed emotionally.'
Ms Magloire secured new employment at the Edinburgh Zoo in December 2023 where she works 37.5 hours per week as a groundskeeper. She now earns more income than when she was employed at Earth in Common, where she worked 26 hours per week.
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.
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