Picture of Finlay McKay

Finlay McKay

Partner

CMS Cameron McKenna LLP
Saltire Court
20 Castle Terrace
Edinburgh
EH1 2EN
United Kingdom
Languages English

Finlay is a partner in the Employment team, representing clients at Employment Tribunals.

He has an excellent track record of successfully defending claims of discrimination, as well as unfair dismissal claims. He is passionate about winning cases for his clients and is a tenacious litigator, presenting complex cases in a straightforward and comprehensible manner.

Finlay is always conscious to present his clients with a clear view on the strengths and weaknesses of their cases, always mindful of reputational and risk issues.

He also works to help his clients avoid Employment Tribunal. He has represented a wide spectrum of clients at judicial mediation and regularly advises on executive terminations achieving commercial solutions for his clients.

Commended for his “highly informed, commercially aware decision making” (Chambers UK), Finlay is trusted by his clients to give them practical advice on employee relations issues ranging from dismissals and grievances to advising on restructurings and harmonisation projects.

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Relevant experience

  • Successfully defending a public sector client in relation to nine heads of claim including various allegations of discrimination and whistleblowing.
  • A financial services client on a large scale project harmonising terms and conditions of employment following a business acquisition.
  • Successfully defending a National media client in relation to claims of disability discrimination and unfair dismissal.
  • A financial services client in a Judicial Mediation in relation to a sex discrimination claim.
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Education

2000 - Dip LP, University of Edinburgh, Edinburgh

1999 - LLB, University of Edinburgh, Edinburgh

1995 - MA (Hons) History, University of Aberdeen, Aberdeen

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Spring 2016
Hospitality Matters - Spring 2016
Current topics in the hotel industry
23/03/2017
Dismissal following long term absence
What factors should be taken into account before dismissing an employee following long-term sickness absence? In O’Brien v Bolton St Catherine’s Academy the Court of Appeal provides guidance on a number of issues to consider in long-term sickness absence cases.
03/02/2014
Inform - Business Immigration
01/03/2017
A Striking Change? Main Provisions of Trade Union Act 2016 come i...
From 1 March 2017 the landscape of industrial action in the UK will change, as the main provisions of the Trade Union Act 2016 (the TU Act) come into force. Stemming from a government manifesto commitment, the changes are designed to prevent unions taking strike.
03/02/2014
Inform - Employment
19/08/2016
What does the apprenticeship levy mean for employers?
Despite calls from various business groups, including the CBI, to delay implementation the government recently confirmed that the apprenticeship levy will come into effect across the UK on 6 April 2017.
28/07/2016
Uber: A new challenge for employment status
Uber, the ride hailing app, has appeared in a London Employment Tribunal after two of its drivers challenged their employment status with the company. Whilst no stranger to litigation, this is the first time the employment status of Uber’s ‘driver-partners’.
06/07/2016
Brexit: The impact on immigration
Immigration was, for many ‘Leave’ voters, the central issue in the Brexit Referendum.   Our membership of the European Union (EU) automatically subscribes the UK to the free movement of persons within the EU (Free Movement), leading to concerns regarding uncapped.
24/06/2016
Brexit: Employment and Immigration
This morning we learned that the outcome of the referendum was a vote for the United Kingdom to leave the EU. Many businesses will be moving into a period of uncertainty as to what exactly Leave means for their workforce needs both domestically and internationally.