New Seddons recruit Madeleine Thomson reveals how a holiday job led to a career in employment law
Partner Madeleine Thomson has joined Seddons to head up its employment law team.
What was your route into the profession?
Having realised I could not fulfil my ambition of becoming a ballet dancer, I fell back on a history degree as I had no idea what I wanted to do. In my final year at university, I took a holiday job working in an HR department at a bank and was given the job of interviewing a number of employees who had given in their notice to analyse the reasons for their decisions to leave. It all came down to a manager who was allegedly bullying them. I really enjoyed interviewing these people and found out how interesting employment disputes can be. This experience shaped my decision to become an employment lawyer.
What has been your biggest career challenge so far?
I was fortunate enough to be instructed by clients defending construction industry “blacklisting” claims. Although blacklisting is unacceptable and the law now recognises that, the employees were, in the cases I was defending, bringing claims relating to a time when it was lawful to profile people in the way that they had been that inspired their blacklisting claims.
In years past, major construction projects had been jeopardised when militant individuals took unlawful industrial action. These militants had their own methods of discrimination. I have seen cases where an employee is fairly dismissed for gross misconduct resulting in militants initiating unlawful industrial action, forcing employees completely unconnected to the dispute to strike or picket with no pay, with the threat that if they did not fall in with the militant action, the unions could prevent them from working on future projects, placing their livelihoods at risk.
Like many issues that have come to the forefront of public opinion over the last few years, the “blacklisting” cases related to the law and politics of yesteryear but were being judged not by the law of their times but the morality and politics of current times. This meant there was little understanding that the employer’s actions had been lawful at the time the profiling was carried out. The claimants took advantage of today’s cultural climate so that employer actions that were lawful years ago and carried out by management that have since moved on, have now been judged against the morals and politics of today. As a result, it was very difficult to get a fair hearing or to manage the reputational issues at stake for employer clients.
Which person within the legal profession inspires you most?
Michael Duggan QC—he is entirely tenacious in his approach to winning cases but always with integrity. As a result he develops not only real trust between himself and his clients but also with the other parties’ representatives and all those involved in the tribunal process. He is also unusual as a barrister in that he does not stand on the fence when asked about the merits of a case or give an overly modest review of prospects as many barristers are prone to do. He gives his genuine opinion on cases. His knowledge of employment law is comprehensive and he has written a number of excellent books and other publications. His professional achievements are great but he remains totally unpretentious and down to earth.
If you weren’t a lawyer, what would you choose as an alternate career?
Choreographer or perhaps a writer of travel and cookery
Who is your favourite fictional lawyer?
Rumpole for transporting me back to how things seemed when I was a trainee solicitor and making me laugh.
What change would you make to the profession?
Widespread incorporation of law partnerships to create a modern, dynamic and diverse business and workforce model, providing more flexible and creative services for clients and a modern working environment for workers.
How do you relax?
Lots of ways but the top one is spending time with family and friends.
