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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 deals with complex and challenging cases with grace and determination” (2015).

"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. Chambers & Partners 2015 notes that Ed "routinely argues cases in front of the tribunals and higher courts, and has recently appeared in the Supreme Court.” Ed has a strong practice as both a trial and an appellate lawyer.

Ed is consistently recognised for his specialist expertise in equality law. In Chambers & Partners 2014, he was "particularly commended for his ability to handle novel discrimination cases”. In 2015, he was again noted for his "standout expertise in discrimination cases”. Ed also has a depth of expertise in contract claims (including complex interpretation points and implication of terms) and statutory employment claims.

Ed is registered as an advocate with full rights of audience (including appeals) before the DFIC Courts in Dubai. He was recently appointed to the ELA's law reform oversight committee which is looking into changes to family rights. At Littleton, Ed is a registered pupil supervisor, joint Equality and Diversity Officer and Co-Head of International Opportunities.

Highlights of 2014 (so far) include:-

  • Instructed to represent the police officer in a fresh challenge to the judicial immunity of proceedings before the police misconduct board (listed for hearing in Court of Appeal in March 2015, led by Karon Monaghan QC).
  • Representing (with Marc Delehanty) a doctor in a ground-breaking free movement of workers challenge to a contractual term (case settled on eve of trial).
  • Appearing in the EAT on six occasions in cases covering the full gamut of employment law issues: from judicial immunity to redundancy law to changing terms and conditions across a broad labour force.
  • Represented an embassy worker in a discrimination claim against the State of Qatar raising novel points of construction in respect of the Vienna Convention.
 

    Appellate Work

Ed's recent appellate work includes:-

  • P v. Commissioner of Police for the Metropolis – instructed to represent a police constable in this important appeal on the scope of immunity in respect of discrimination arising from misconduct proceeding. Listed for hearing in Court of Appeal in March 2015 (led by Karon Monaghan QC o/s Tom Linden QC). 
  • 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.
  • Bly v. Sheffield City Council UKEAT/0141/14/DA successfully represented the Council in resisting a contractual interpretation point arising out of changes of terms and conditions across a broad labour force with a number of multiple claims stayed pending the outcome.
  • Russell v. College of North West London [2014] All ER (D) 200 (Sep) – represented local authority in this two day case before the EAT concerning the "Bradford Score” and disability discrimination (see: Equal Opportunities Review, October 2014).
  • George v. London Borough of Brent [2014] All ER (D) 10 (Sep) – represented local authority in this case about trial periods in redundancy law.
  • Igbinake v. Axis Security [2014] All ER(D) 51 (Sep) – represented appellant pro-bono is case about inadequacy of Tribunal reasons and religious discrimination.

Ed is a member of the ELAAS scheme and appears pro-bono in the EAT in that capacity, assisting and representing litigants in person with apparently hopeless appeals. Ed has also appeared in the EAT on behalf of the Bar Probono Unit.



    Discrimination & Whistleblowing

Ed acts for employers and employees in complex or high value discrimination and whistleblowing claims. Ed is consistently recommended for his discrimination expertise in recent editions of the Directories. Ed's recent cases in this field include:-

  • represented a doctor (with Marc Delehanty) in ground breaking free movement of workers challenge to a contractual benefit (case settled on eve of hearing).
  • represented embassy worker in discrimination claim against State of Qatar raising issues of state and diplomatic immunity under the Vienna Convention.
  • representing and advising various workers and companies in territorial jurisdiction cases in territories as far and wide as: Afghanistan, Hong Kong, the USA, Tanzania and Mozambique
  • 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 ([2014] EqLR 184).
  • represented higher education college in resisting disability discrimination challenge to "Bradford score” in two separate cases in Tribunal ([2013] EqLR 737) and in Tribunal and successfully on appeal ([2014] All ER (D) 200 (Sep))
  • 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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