Edward Kemp#5205

Edward Kemp

Barrister, Littleton Chambers
Ed has a broad employment and equality law practice. Ed has a strong practice as both a trial and appellate lawyer. He has been involved in many ground-breaking cases at every level of tribunal and court including the Supreme Court and the European Court of Human Rights.
Ed is an expert in international employment cases. He is one of very few employment barristers with a practice that is international. Ed's experience encompasses both jurisdiction and territoriality disputes in the domestic courts in addition to advisory and advocacy work on cases in forums overseas. Ed is also an expert in human rights challenges to sovereign, diplomatic, judicial and intergovernmental immunities. Ed is ranked in tier 1 of the Legal 500 2020 UK and is listed as one of the top ten leading employment juniors at the London Bar. He is also ranked as a leader in his field in Chambers & Partners and has been recognised in both directories for many years. He was nominated for Employment Junior of the Year in the Legal 500 Awards 2020.

Contributed to

7

Applicable law—which system of law applies to the contract or employment relationship
Applicable law—which system of law applies to the contract or employment relationship
Practice notes

This Practice Note examines how to determine which system of law is applicable to a contract of employment or employment relationship. It provides an overview of the Rome Convention and Rome I, which are now retained EU law. It then examines the key employment-specific provisions in Rome I, now Retained Rome I, how to determine which mandatory law applies, the ‘habitual place of work’ test, the ‘closer connection’ test, non-derogable provisions, overriding mandatory provisions, public policy issues and who should apply the applicable law. It also provides an overview of Rome II, now Retained Rome II, and its application in the employment context.

Cross-border employment disputes—key procedural issues in High Court litigation
Cross-border employment disputes—key procedural issues in High Court litigation
Practice notes

This Practice Note examines key procedural issues that may arise in the High Court in relation to cross-border litigation in an employment context, including the scope for an injunction to restrain proceedings in other jurisdictions (anti-suit injunction), service of proceedings out of the jurisdiction, and security for costs.

International jurisdiction—allocating employment cases between national courts and tribunals
International jurisdiction—allocating employment cases between national courts and tribunals
Practice notes

This Practice Note considers the question of international jurisdiction in relation to employment disputes, ie whose courts and/or tribunals should decide an employment case where either the employee works abroad or there is a foreign employer. It considers the impact of Brexit and IP completion day and provides a summary of the provisions of the Civil Jurisdiction and Judgments Act 1982, which determine jurisdiction for proceedings instituted from 1 January 2021 onwards. It examines the recast Brussels I Regulation (EU) 1215/2012 (Brussels I (recast)), when the employment-specific provisions in Section 5 (Articles 21–23) of Brussels I (recast) apply, how to establish jurisdiction, the domicile test, the habitual place of work test and the place of business test, claims by an employer, where forum is agreed under a jurisdiction clause or jurisdiction agreement and where such agreements will be effective in an employment context. The Jenard test for deciding whether a dispute has arisen for the purposes of the rules on whether a jurisdiction agreement is effective is examined, the effect of the ET Rules, whether there is scope for a stay, parallel proceedings, where Brussels I (recast) does not require or confer jurisdiction. The Practice Note also provides an overview of the Lugano Convention.

Posted workers—employment rights
Posted workers—employment rights
Practice notes

This Practice Note examines the Posted Workers Directive, 96/71/EC (PWD) in the context of cross-border, international and jurisdictional issues. It considers the impact of Brexit, and outlines the issues to consider as a result when posting workers after 1 January 2021. For historical reference, it explains the effect of the PWD, who is a posted worker for the purposes of the PWD, when the PWD applies and how it is enforced, in particular under the Posted Worker Enforcement Directive, 2014/67/EU (PWED). The Practice Note provides a list of the terms and conditions that must be guaranteed under the PWD. It also considers the Posted Workers (Enforcement of Employment Rights) Regulations 2016.

Territorial extent and scope of the Equality Act 2010
Territorial extent and scope of the Equality Act 2010
Practice notes

This Practice Note examines the territorial extent and application (or scope) of the Equality Act 2010 (EqA 2010). It considers the provisions of the EqA 2010 in relation to territorial extent, territorial scope, ships, hovercraft, seafarers and to offshore work. It also examines the relevant principles in relation to scope, including Lawson v Serco and Bleuse, and other relevant case law.

The territorial scope of statutory employment rights
The territorial scope of statutory employment rights
Practice notes

This Practice Note examines the territorial application, scope or reach of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) an employee who works abroad and/or has a foreign employer has. It considers the principles in Lawson v Serco and Bleuse, including the sufficiency or strength of the connection test (between the circumstances of the employment and Great Britain and British employment law), the background to those principles and how they are applied. It also considers the Posted Workers Directive.

Other work

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist
Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

This Checklist provides an overview of the questions to be asked when determining which system of law is applicable to a contract of employment or employment relationship (applicable law), whose courts and/or tribunals should decide an employment case (jurisdiction) and how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights). It provides links to relevant Practice Notes and Flowcharts.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2005

Membership

  • ELA
  • ELBA
  • ILS

Education

  • LLB in English and French Law, King's College London
  • Matrise en Droit from Universit de Paris I (La Sorbonne)
  • LLM, University College London

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