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Gillian MacLellan


CMS Cameron McKenna Nabarro Olswang LLP
1 West Regent Street
G2 1AP
United Kingdom
Languages English

Gillian MacLellan is a partner in the Employment Team and advises on both contentious employment matters and transactional work.

The common thread in both areas is her ability and determination to get a great result for her client. Gillian is commercially astute and a strong negotiator in commercial discussions where her tactics were described by one client as “masterful”.

She is particularly experienced in leading clients through major restructurings and change exercises.  Having spent a period on secondment to a client’s employee relations team, Gillian adopts an extremely practical approach. 

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Relevant experience

  • The Scottish public sector on the complex employment issues arising out of its GBP 100m+ wide area network contract with Capita and supporting through competitive bid dialogue.
  • A major energy client on major change project involving the closure of a UK site and transfer of activities to different jurisdictions outside of the UK.
  • Clients on Employment Tribunals across the UK, including a multiparty action arising out of a large scale redundancy exercise, whistleblowing claims, discrimination actions and cases involving alleged breach of financial services regulations.
  • A major financial institution on the TUPE and employment related issues arising out of its GBP 700m datacentre/infrastructure outsourcing to IBM.
  • 9 month secondment to Employee Relations team of HBOS (now LTSB) during period of major organisational change for the client.
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  • 2000 - Dip LP, Glasgow Graduate School of Law, Glasgow
  • 1999 - LLB (Hons), University of Glasgow, Glasgow
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23 October 2017
The new Seni­or Man­agers and Cer­ti­fic­a­tion Re­gime
Ex­tend­ing it across the Fin­an­cial Ser­vices in­dustry
Mass Equal Pay Claims – Are You Next?
Around 30,000 shop floor work­ers have cleared the latest hurdle in their equal pay chal­lenge against their su­per­mar­ket em­ploy­er, as a res­ult of the Court of Ap­peal’s de­cision in ASDA v Bri­er­ley. The case is spear­head­ing a wave of equal pay claims against su­per­mar­ket.
Gender Pay: trends and some golden rules! 
The con­tent of the second set of gender pay gap fig­ures in­ev­it­ably re­quires dif­fer­ent con­sid­er­a­tions than the first year of re­port­ing, es­pe­cially if an or­gan­isa­tion is ac­know­ledging that their pay gap re­mains sig­ni­fic­ant or  has not im­proved.
Agency work­ers – ap­por­tion­ment of li­ab­il­ity for un­der­pay­ment
In Lon­don Un­der­ground Ltd v Amis­sah and ors, the Court of Ap­peal held that a com­pany be­ing sup­plied with tem­por­ary agency work­ers from an agency (the "end user") had to pay com­pens­a­tion as a res­ult of a breach of the work­er­s' en­ti­tle­ment to equal pay un­der.
Year 2 Gender Pay Gap Re­port­ing – Guid­ance to get you over the line
It’s not long un­til 4 April 2019, the dead­line for private sec­tor year 2 gender pay gap (GPG) re­ports to be sub­mit­ted. Last year, ac­cord­ing to Pay­Gaps. com, 87% of or­gan­isa­tions sub­mit­ted their GPG re­port in the 4 weeks be­fore the dead­line.
In­di­vidu­al li­ab­il­ity for whis­tleblow­ing dis­missals
In a sig­ni­fic­ant whis­tleblow­ing de­cision Timis and an­or v Osipov, the Court of Ap­peal has ruled that co-work­ers who dis­miss an em­ploy­ee for mak­ing pro­tec­ted dis­clos­ures can be held per­son­ally li­able. As a res­ult, two dir­ect­ors were per­son­ally li­able for the.
Bey­ond the gap: some quick wins?
Now that the first cycle of gender pay gap re­ports have been pub­lished, at­ten­tion will in­ev­it­ably shift to the con­tent of the year 2 fig­ures, and cru­cially wheth­er the fig­ure will have re­duced.   Many or­gan­isa­tions pub­lished their own ac­tion plans set­ting out.
De­tails of Flex­ible Work­force De­vel­op­ment Fund an­nounced
The Scot­tish Gov­ern­ment has pub­lished plans for a Flex­ible Work­force De­vel­op­ment Fund (FWDF) to be made avail­able to or­gan­isa­tions in Scot­land who pay the ap­pren­tice­ship levy. Or­gan­isa­tions who do wish to ap­ply to the fund will be dealt with on a first come.
Em­ploy­ment changes in April 2017
With Brexit dom­in­at­ing the polit­ic­al agenda, it is per­haps un­der­stand­able that we are not see­ing the same amount of leg­al de­vel­op­ments this year as we have done in pre­vi­ous years. Al­though the main changes in April in­volve gender pay gap re­port­ing and the ap­pren­tice­ship.
Re­mind­er: Don’t for­get your mod­ern slavery and hu­man traf­fick­ing state­ment
It is now over a year since sec­tion 54 of the Mod­ern Slavery Act 2015 came in­to force. Many large or­gan­isa­tions have already pub­lished their an­nu­al mod­ern slavery and hu­man traf­fick­ing state­ment. Or­gan­isa­tions that had their fin­an­cial year-end fall­ing between.
New rules on reg­u­lat­ory ref­er­ences come in­to force in one month. Are...
The new rules in re­la­tion to reg­u­lat­ory ref­er­ences, which form part of the seni­or man­agers and cer­ti­fic­a­tion re­gime, come in­to force in one month’s time on 7 March 2017. The new rules will ap­ply to banks, build­ing so­ci­et­ies, cred­it uni­ons and PRA-des­ig­nated.
Gender bal­ance in Scot­tish Pub­lic Boards
In a sym­bol­ic move, the Scot­tish Gov­ern­ment re­cently pub­lished the draft Gender Rep­res­ent­a­tion on Pub­lic Boards Bill aimed at achiev­ing 50% fe­male rep­res­ent­a­tion on pub­lic boards. Des­pite the press re­port­ing that pub­lic bod­ies will be “forced” to have equal.