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EDWARD KEMP

 

Ed specialises in employment and discrimination law with significant experience in cross-over work such as high value contractual claims, professional negligence and cases with an international element or flavour.

Ed is consistently ranked as a leading junior in the employment law field in Chambers & Partners, where is described in the following terms:-

"he has a remarkable ability to drill down into the fine details of a caseand "he is brilliant at analysing each of the tiny nuances of a case and does an enormous amount of research” (2014).

"exceptionally talented” and "has drafting skills which were singled out for praise by sources” (2013).

Ed litigates complex or high value cases at every level of court and tribunal in the country. In Chambers & Partners 2014, Ed is particularly commended for his ability to handle novel discrimination cases. He frequently appears in the Employment Tribunal and the Employment Appeal Tribunal. He has also been led in the Court of Appeal and one of his cases was recently successful in the Supreme Court. Ed combines a down to earth and modern style with specialist and experienced advice and advocacy.

Ed is registered as an advocate with full rights of audience (including appeals) before the DFIC Courts in Dubai.

Highlights of 2013 include:-

  • Winning in the Supreme Court in a contractual interpretation case (led by Karon Monaghan QC)
  • Junior in a multi-million pound senior executive wrongful dismissal claim raising issues of fiduciary duties (led by Selwyn Bloch QC)
  • Acting in two high profile multi-day discrimination trials attracting national media attention
  • Working on four Employment Tribunal cases involving international jurisdiction issues involving territories as far and wide as Afghanistan, Australia, China and Hong Kong
 

    Appellate Work

Ed’s recent appellate work includes:-

  •  P v. Commissioner of Police for the Metropolis UKEAT/0449/13/JOJinstructed to represent a police constable in this appeal on the scope of immunity in respect of discriminatory dismissals following misconduct proceedings (EAT hearing in March 2014).
  •  George v. London Borough of Brent UKEAT/0507/13/SM instructed to represent the respondent in an appeal concerning redundancy law (EAT hearing in May 2014) 
  • Russell v. College of North West London – instructed to represent the respondent in an appeal concerning, amongst other matters, disability discrimination and the application of the "Bradford Score” (currently proceeding in the EAT).  
  • Dr. S Verma v. Barts and the London NHS Trust [2013] ICR 727 , [2013] IRLR 567 (meaning of pay protection for doctors in the NHS) – appeared alone and successfully in the EAT and led by Karon Monaghan QC in the Court of Appeal and the Supreme Court, where he was personally mentioned for his "diligence” in the Judgment.  
  • London Borough of Brent v. Finch (UKEAT0418/11/ZT) – successfully represented the Appellant at the full appeal hearing of an unfair dismissal case. 
  • Chikhi v. Governing Body of the Ravensbourne School (UKEAT/0401/11/SM) – successfully represented the Appellant at a r.3.10 hearing in respect of a point relating to the principle in Hogg v. Dover College in the context of a strike out application. 
  • advising on the merits of a whistle-blowing case listed for a hearing before the EAT which was the subject of a television documentary.  

    Discrimination & Whistleblowing

Ed acts for employers and employees in complex or high value discrimination and whistleblowing claims. Ed is specifically commended for his ability to handle novel discrimination cases in Chambers & Partners 2014. Ed’s recent cases in this field include:- 

  • successfully represented a household brand in a 3 day sex discrimination case with coverage in The Telegraph. 
  • represented a police constable in a gender reassignment discrimination case with widespread national media coverage (to be reported in the EqLR). 
  • successfully represented a local authority in a 9 day trial culminating in a finding of bad faith and a 100% Polkey reduction.  
  • drafting grounds of resistance to a claim raising questions of territoriality of domestic whistle-blowing provisions.  
  • advising and representing a claimant in a case concerning the compatibility of a collective agreement with EU law. 
  • advising senior executives on discrimination claims of various kinds (e.g. race, age, sex).

    Other Employment Tribunal Claims

Ed has a broad range of experience across the full width of statutory employment claims. He represents both employers and employees in addition to providing advisory services. Ed has particular expertise in pay disputes of all kinds and work in the medical field, the police service and City disputes. Ed’s recent work in this field includes:- 

  • successfully represented an NHS Trust in a case concerning the meaning of the recognition of previous service provisions in the NHS Terms and Conditions of Service for Doctors. 
  • represented the lead Claimant in a test case on the meaning of the new pay protection provisions for doctors within the NHS. 
  • defending various respondents in cases involving employment status issues and illegality. 
  • persuaded an ET to strike out as vexatious a claim for a declaration of failure to consult under s.188 TULRCA on the basis that the "game [wasn’t] worth the candle, let alone the wick”.  
  • represented a senior employment lawyer at a mediation against a QC which led to a confidential and bespoke five figure settlement. 
  • successfully represented a property lawyer obtaining a finding at a PHR of employment status and resisting various Polkey arguments raised in remedy following a late admission of liability.  
  • advising a banker on the merits of his claim for unfair dismissal arising from allegations of insider dealing. 
  • advising on the TUPE Regulations 1981 for the purposes of an industrial disease claim in the High Court (case settled for a high five figure sum).

    Commercial Employment

Ed’s experience in this area includes:- 

  • Fiduciary duties
  • Confidential information (including the Database Regulations)
  • Litigating concurrent proceedings in the Employment Tribunal/High Court
  • Bonus claims including complex points of contractual interpretation and the scope of implied terms

    High Court/County Court Cross-over

Ed’s practice in the professional negligence field continues to develop apace. In the last year, in this sensitive and often highly confidential area, he has been involved in a number of High Court/County Court actions. The cases typically include allegations of negligent employment advice or failed employment litigation with complex issues of quantum. The cases sometimes involve concurrent proceedings for breach of contract against former employers.

Ed also has a growing reputation as an equality practitioner in the goods and services field. Ed has recently represented a company in a three day race discrimination claim on the multi-track and is currently instructed by the same company in respect of a further race discrimination claim. Ed has also drafted a defence to a county court claim for disability discrimination against a well-known service provider.

Ed is also instructed to litigate pay disputes and other contractual disputes in the civil courts. He has particular expertise in complex interpretation issues and in the law of implied terms.

    International

Ed has a long-standing interest and expertise in comparative and conflicts of law.

Ed now has full rights of audience before the DIFC Courts in Dubai. This appointment complements his domestic expertise in cross-border employment disputes including the territorial reaches of the UK’s domestic legislation.

Ed was educated in both English Law and French Law.  He has an LLB from King’s College London and a Maîtrise en Droit from Université de Paris I (La Sorbonne). Ed then took an LLM from University College London which focused on employment, equality law and comparative law. 

Over a two year period culminating in publication in November 2011, he drafted guidance on the law of negligence for international aid agencies for a Swiss NGO (Security Management Initiative) in partnership with five magic circle international law firms from five different jurisdictions. He then went on to chair conferences and present workshops on this subject in the USA, Geneva and in Brussels.

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