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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

14/09/2023
Mobility in the Food and Drink Sector – immigration issues affecting resourcing...
Labour shortages are consistently ranked amongst the greatest of the current challenges facing food and drink businesses. Join our expert speakers, Finlay McKay and Matt Leon, for a webinar to discuss...
20/06/2023
Tip-top: new legislation on tipping
The new Employment (Allocation of Tips) Act (the Act) will make it unlawful for employers to withhold tips and service charges from staff.There is no immediate date scheduled for implementation, although...
11/05/2023
Government announces multiple post-Brexit employment law reforms
Yesterday, in its Smarter regulation to grow the economy policy paper, the UK government announced significant employment law reforms affecting the calculation of holiday pay and working time records...
05/04/2023
Striking Times: the shifting sands of industrial relations
Over the last twelve months we’ve seen unprecedented strike action in what has been dubbed the UK’s second ‘winter of discontent’. The landscape of industrial relations in the UK is changing prompted...
30/03/2023
Striking Times: the shifting sands of industrial relations in the UK
So far, 2023 has seen a continuation of last year’s widespread strike action in what has been dubbed the UK’s second winter of discontent. The disruptive effect of widespread and coordinated strike...
27/03/2023
Sustainable Tourism
Sustainable tourism is vital for our economy, having been identified in the Scottish Government’s Scotland's Economic Strategy (2015) as a growth sector where the country can build on existing comparative advantage as well as increase productivity.
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...