Edward Kemp

Ed acts for employers and employees in complex or high value discrimination and whistleblowing claims. Ed’s recent cases in this field include:-

• Silva v. London Borough of Brent – successfully represented a local authority in a 9 day trial culminating in a finding of bad faith and a 100% Polkey reduction.
• McGrady v. College of North West London – successfully defended a higher education college in a 5 day disability and sex discrimination challenge to the “bradford score” used to select staff for redundancy
• Bradley v. Cherry Tree – successfully represented a care home in a 5 day trial defending serious allegations of bullying because of whistleblowing (Claimant withdrew her claims after cross-examination).
• X v. Commissioner of Police for the Metropolis – represented a police constable in a PHR on the scope of immunity in respect of discriminatory dismissals following misconduct proceedings (Judgment Reserved).
• Quinn v. Commissioner of Police for the Metropolis – successfully represented a police constable in a whistleblowing claim arising out of the allocation of a driving course.
• Smith v. Waterman Boreham - successfully recovered £137,000 in damages for an engineer, who suffers from Huntington’s Disease, in a disability discrimination claim arising out of a redundancy process.
• advising a finance manager on a race discrimination claim arising out of a redundancy process against a large multinational company.  Case settled before trial for a five figure sum.

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’s recent work in this field includes:-

• Dr. Kayani v. University Hospitals Birmingham – successfully represented the NHS Trust in this case concerning the meaning of the recognition of previous service provisions in the NHS Terms and Conditions of Service for Doctors.
• Dr. Johnstone-Young & Dr. Krishnan v. University Hospitals Birmingham – represented the lead Claimant in a test case on the meaning of the new pay protection provisions for doctors within the NHS.
• Edwards v. Balfour Beatty – 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”.
• V-L & LT – represented a senior employment lawyer at a mediation against a QC which led to a confidential and bespoke five figure settlement.
• Van Emden v. Morgan Management Limited – 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 a Hedge Fund on the tactics of concurrent High Court and ET proceedings.
• 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).

Ed has a growing practice in the professional negligence field arising from alleged negligent employment advice or failed employment litigation. Ed’s recent cases in this sensitive and often highly confidential area include:-

• X v. A law firm / a bank – advising on complex concurrent professional negligence proceedings in the High Court and breach of contract proceedings in the County Court (ongoing).
• DS v. A leading law firm – advised and drafted extensive pleadings in a complex and sensitive professional negligence action in the County Court arising from failed disability discrimination litigation (case settled for confidential five figure sum).
• JJ v. A law firm – advised and drafted extensive pleadings in a professional negligence action arising from alleged negligent employment advice (case currently listed for a 3 day High Court trial in late 2013).
• M v. A Trade Union – advised on the merits of a professional negligence action against a Trade Union in relation to alleged negligent advise regarding time limits for issuing in the ET.    

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

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.

This publication has received in excess of 2,000 downloads and is the leading practical guide on this subject worldwide. A security advisor at the Department for International Development recently stated “I was using the paper last week at a presentation to the UN in Rome.”

Ed has chaired conferences and presented workshops for NGOs on this subject in Geneva and in Brussels. In February 2012, he did a speaking tour of the United States which involved co-chairing the launch of the publication in the offices of DLA Piper in Washington DC, delivering a workshop at Interaction, the largest conglomerate of NGOs in the US and finally speaking at the Swiss Permanent Mission to the United Nations in New York City.