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Portrait of Finlay McKay

Finlay McKay

Partner

CMS Cameron McKenna Nabarro Olswang 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. 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

  • A public sector client in relation to nine heads of claim including various allegations of discrimination and whistleblowing.
  • A national financial services client on a large scale project harmonising terms and conditions of employment following a business acquisition.
  • A national media client in relation to claims of disability discrimination.
  • A financial services client in a Judicial Mediation in relation to a sex discrimination claim.
  • A University client in relation to claims of whistleblowing.
  • A Bank in relation to defending allegations of whistleblowing and on their regulatory obligations.
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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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Feed

01/11/2022
Em­ploy­ment Risk and In­vest­ig­a­tions Team
The em­ploy­ment team are ex­perts at man­aging and car­ry­ing out in­vest­ig­a­tions. We sup­port cli­ents by ad­vising on the in­tern­al man­age­ment of in­vest­ig­a­tions, and con­duct­ing in­vest­ig­a­tions ourselves as an in­de­pend­ent third party. 
27/06/2022
Pre­vent­ing sexu­al har­ass­ment at work in the hos­pit­al­ity sec­tor
A new hos­pit­al­ity fo­cussed check­list to help em­ploy­ers pre­vent sexu­al har­ass­ment at work has been pub­lished by the Equal­ity and Hu­man Rights Com­mis­sion (EHRC) and UK­Hos­pit­al­ity. The check­list and ac­tion...
19/11/2021
Sig­ni­fic­ant de­cision in­volving col­lect­ive bar­gain­ing
Em­ploy­ers who en­gage in col­lect­ive bar­gain­ing ar­range­ments with trade uni­ons are un­able to make dir­ect of­fers to uni­on mem­bers un­til they ex­haust col­lect­ive bar­gain­ing pro­ced­ures. The Su­preme Court de­cision...
16/06/2021
EU Set­tle­ment Scheme: Up­dated COV­ID-19 Ab­sence Policy
Fol­low­ing a suc­cess­ful chal­lenge by Here for Good, the Home Of­fice has re­cently up­dated its EU Set­tle­ment Scheme (EUSS) guid­ance for ap­plic­ants seek­ing to ap­ply for settled status in the UK. The ini­tial...
18/11/2020
Risk Es­sen­tials – In­tern­al In­vest­ig­a­tions: the people di­men­sion
There has been a sharp rise in or­gan­isa­tions con­duct­ing in­tern­al in­vest­ig­a­tions in re­cent years. A great­er fo­cus on cul­ture and gov­ernance, more ro­bust reg­u­lat­ory re­gimes and an in­crease in whis­tleblow­ing...
17/04/2020
Up­date on post-Brexit im­mig­ra­tion sys­tem
In the midst of the COV­ID-19 re­stric­tions, Brexit can seem like a dis­tant memory.  With the cur­rent situ­ation re­quir­ing drastic ac­tion, with a pro­found im­pact on every­day life, the fo­cus of gov­ern­ment...
04/12/2019
Know­ledge of whis­tleblow­ing
Does a de­cision maker need to be aware of the whis­tleblow­ing al­leg­a­tions be­fore an em­ploy­ee can suc­cess­fully claim auto­mat­ic un­fair dis­missal on the basis she has been dis­missed prin­cip­ally for hav­ing...
21/08/2019
Whis­tleblow­ing – an im­pend­ing storm or winds of change?
In a polit­ic­al era dom­in­ated by head­lines about the re­la­tion­ship between the UK and E.U, oth­er sig­ni­fic­ant leg­al and polit­ic­al changes can of­ten fly un­der the radar. Yet, the de­vel­op­ment in the pro­tec­tion...
13/08/2019
Changes ahead with di­versity and in­clu­sion?
HR teams and in-house law­yers should be aware of a num­ber of re­cent Gov­ern­ment an­nounce­ments cov­er­ing di­versity and in­clu­sion.  Changes un­der con­sid­er­a­tion in­clude the in­tro­duc­tion of carers leave, a...
18/06/2019
Caster Se­menya - testoster­one, sex, and a ques­tion of pro­por­tion­al­ity
On Monday 3 June 2019, the Fed­er­al Su­preme Court of Switzer­land pro­vi­sion­ally sus­pen­ded the ap­plic­a­tion of new rules which would have re­quired South Afric­an run­ner Caster Se­menya to re­duce her blood testoster­one...
18/06/2019
By­passing col­lect­ive bar­gain­ing
In an im­port­ant de­cision for em­ploy­ers who re­cog­nise trade uni­ons, the Court of Ap­peal ruled in Kostal UK Ltd v Dale Dunkley that it was not un­law­ful for an em­ploy­er to by­pass the uni­on and make a dir­ect...
18/03/2019
Sus­pen­sion pending in­vest­ig­a­tion not a re­pu­di­at­ory breach
In the re­cent de­cision of The May­or & Bur­gesses of the Lon­don Bor­ough of Lam­beth v Agoreyo [2019] EW­CA Civ 322, the Court of Ap­peal has over­turned the High Court’s de­cision on ap­peal, find­ing that a...