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Annabel Mackay

Annabel Mackay has extensive experience of advising employers and employees on a range of complex employment issues.
She has been ranked in Legal 500 and Chambers & Partners since 2015.
Chambers & Partners 2019 report that clients describe Annabel as: "supremely impressive and technically brilliant while also being commercially astute and incredibly bright."

The recruitment process stands as a critical juncture in shaping the workforce of any organization. As organizations scale, the influx of job applications creates a complex balancing act. In an article, Morven Ross explores the risks to organizations of disability discrimination in the recruitment process and the correct management of AI in this context.

On 16 May 2024, the government launched a consultation concerning TUPE and European Works Councils (EWCs). There are three proposals under consultation: (1) Overturn the concept of split assignment in a TUPE transfer (where an employee’s contract of employment could be split between two transferees). (2) Confirm that TUPE only covers employees, not workers. (3) Repeal the remaining post-Brexit EWC legislation, which will likely see the end of any statutory obligations to maintain an EWC in the UK.

The employment tribunal ruled that a Christian actor was not discriminated against because of religion or belief when she was dismissed from the role of a lesbian character and her agency terminated her contract following a social media storm after an old Facebook post was discovered saying that she believed homosexuality to be a sin.

A dismissal will be automatically unfair if the sole or principal reason for dismissal is that the employee took or sought to take parental leave. In Hilton Foods Solutions v. Wright, the EAT has decided that this protection does not require the employee to have made a formal request. Communications about taking parental leave might reach a stage that could be described as having sought to take the leave. This will be a question of fact for employment tribunals.

An employer did not breach its duty to make reasonable adjustments for an employee with a stammer when it held internal promotion interviews via video conference. The employee’s stammer made him curtail his answers in the interview, which negatively affected his assessment. However, he had not told his employer that his stammer might have this effect and, on the facts of this case, the employer was reasonable in not realizing it.

The Financial Conduct Authority has recently reiterated that its new Consumer Duty represents a significant shift in its expectations of affected firms. Good customer outcomes must be at the heart of firms’ business strategy and objectives. In an article for Thomson Reuters Regulatory Intelligence, Annabel Mackay and Kimberly Everitt provide an overview of the employment law implications of the Consumer Duty and lists next steps firms should take to ensure compliance.

The European Whistleblowing Directive (WBD) was supposed to be implemented by the European Union’s 27 member states by no later than 17th December 2021, impacting employers with operations in those jurisdictions.
This article looks at what those key challenges are and the unique support we can offer in helping global employers harmonize their global approach to managing whistleblowing reports within the prescriptive requirements of the WBD.

The Court of Appeal has confirmed that an Acas-negotiated COT3 settlement agreement covered an individual’s claim that his former employer had knowingly helped a subsidiary unlawfully victimize him when the subsidiary rejected his job application. This situation was covered by the COT3’s express terms settling claims that indirectly arose in connection with his employment.

The European Whistleblowing Directive was to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions. Member states are still passing their implementing legislation, meaning employers are facing a period of intense activity as they adapt to changes in legislation across the region.