Linda Tsang
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Lucy McLynn, a partner at Bates Wells & Braithwaite London LLP, acted for Sharon Coleman, the mother of a disabled boy who won a crucial legal ruling from the Advocate-General, the chief legal adviser of the European Court of Justice, that treating some employees less favourably than others because of caring responsibilities for a disabled or elderly relative was unlawful. The court’s decision is due in May.
What were the main challenges and the possible implications?
One of the biggest challenges has been trying to get people to understand what this case is actually about. There has been a lot of talk about the case giving carers rights to flexible working, but it is just about equal treatment, not about any new stand-alone rights for carers. If the court accepts the Advocate-General’s opinion, then it will mean that the UK’s disability and age discrimination legislation will have to give protection at work for people, such as carers, associated with disabled and old (or young) people. This will be a significant change from the present position where you only have the right not to be discriminated against on the basis of your own disability or age.
What was your worst day as a lawyer?
Being sent by a pupil-master to buy him corn plasters. Still, at least he didn’t make me put them on him.
What was your most memorable experience as a lawyer?
Successfully defending a complex claim for minimum wage in the employment tribunal, in my very early days at this firm, after I had advised the client company that it was certain to lose. I never thought I would be so happy to be proved wrong.
Who has been the most influential person in your life and why?
On a personal level, my wonderfully supportive husband Paul and parents Pauline and Frank. Professionally, my inspirational first pupil-master Timothy Dutton, QC (now chairman of the Bar Council — and not the one with the corn plasters), and Michael Rubenstein (publisher of Equal Opportunities Review and editor of Industrial Relations Law Reports), who is the fount of all employment law knowledge.
Why did you become a lawyer?
Ever since I was a child everyone has said that I ought to become a lawyer because I am so argumentative.
What would your advice be to anyone wanting a career in law?
Be prepared to keep an open mind about your career path. I started out as a barrister and would never have imagined that I would cross-qualify as a solicitor, but the opportunity at this firm to be an advocate, as well as working closely with clients, was unmissable and I have never looked back.
Where do you see yourself in ten years?
Ten years seems a very long way ahead and I’ve never been one to wish my life away. I really enjoy the work I do now and as long as I can continue working on interesting cases, surrounded by talented people.
l_tsang@hotmail.com
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