Sandy Kemp
Partner
4 Carden Terrace, Aberdeen, AB10 1US
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A Solicitor Advocate and Employment Law
Specialist.
A Solicitor Advocate, and highly rated in Chambers as a
technically excellent lawyer, Sandy has specialised in employment
law throughout his career. He qualified in 1983, gained
an accreditation by the Law Society of Scotland in 1995 as a
specialist in employment law, and was admitted as a Solicitor
Advocate with rights of audience in the higher courts in
2010.
Sandy has experience of all aspects of employment law, and is
recognised for his particular knowledge of the offshore oil
industry. His caseload has given rise to appearances before
the Supreme Court in London, the Inner House of the Court of
Session in Edinburgh, and to success at the Court of Appeal in
London, in numerous tribunals throughout the UK, and at the
Employment Appeal Tribunal. He has represented his clients in
a wide range of matters, including unfair dismissals, working time
and TUPE.
A high flier, Sandy is a qualified pilot. He enjoys
holidays in Paris and playing the guitar. Had the law not
beckoned, he would have tried his hand as a music producer.
Career
Qualified 1983, joined Simpson & Marwick 2004, assumed
Partner 2004.
Accredited specialist in Employment Law by the Law Society of
Scotland. Solicitor Advocate.
A member of the Employment Law Group, European Employment
Lawyers Association, Society of Advocates (Aberdeen) and The Law
Society of Scotland.
Sandy lectures for the Employment Law Group, and is a regular
speaker at Law Society conferences and Simpson & Marwick client
conferences.
Recent notable work includes:
Russell v Transocean. Acting as Junior
Counsel to John Cavanagh QC for the successful Respondents at the
hearing before the Supreme Court, having also succeeded at the
Inner House, in an important case concerning annual leave.,
Tribunal Orders Appeal Successfully arguing at
the Employment Appeal that a Tribunal Order was incompetent
Race Discrimination Successfully resisting a
claim at the Employment Tribunal in London where evidence was heard
over four days
Unfair Dismissal Where a dismissal was accepted
as procedurally unfair, securing no award for that in light of the
circumstances, and nominal sum otherwise.
Specialisms
12 April, 2012
Important new rules on Unfair Dismissal qualifying service came
into force on 6 April.
On Friday 6 April, the Government increased the statutory
qualifying service period for unfair dismissal claims from one year
to
7 March, 2012
The Court of Appeal in England in a case called Crawford and
another v Suffolk Mental Health Partnership NHS Trust [2012] EWCA
Civ 138 has recently held that failures in a disciplinary
16 February, 2012
The territorial scope of the protections available for being
unfairly dismissed contained in Section 94(1) of the Employment
RightsAct 1996 have been a matter of some contention.
The provisions in Section 94(1) of
19 January, 2012
An article has suggested that employers who use social media
sites like facebook and twitter for information about potential
employees could be at risk of a legal action, that is not my
17 January, 2012
Simpson & Marwick's employment law team now has five
partners following latest hires.
Simpson & Marwick is delighted to announce the Partner
appointments to our expanding Employment law team of Robert King
from HBJ
7 December, 2011
The Supreme Court has ruled in favour of the employers in the
case of Russell v Transocean.
The unions had argued that holidays must always be taken from
time that would otherwise be
14 November, 2011
When is an employee on long-term sickness absence entitled to be
paid for annual leave?
This is an area of law where there continues to be confusion -
not only among HR professionals
29 September, 2011
Three significant changes to employment law come into effect on
1 October.
Agency Workers Regulations
These Regulations will come into force on 1 October 2011. This
is an important change which those using agency
22 September, 2011
Last week, the Employment Appeal Tribunal ('EAT') shed light on
the steps an employer can take when seeking to vary 470 staff
contracts, and the impact this has on any subsequent dismissal
1 September, 2011
Our events are designed to provide delegates with practical
guidance and future insights into topical areas of employment law,
delivered by specialists in a simple, clear format. The forthcoming
programmes will present our
2 August, 2011
At first glance this might appear to be a simple question. It is
certainly an important one, because for many statutory claims, the
Claimant / Pursuer must be able to establish that
1 July, 2011
If asked whether an employee is entitled to legal representation
at internal disciplinary hearings, most experts would say no,
unless an employer's policy specifically stated so. This assumption
has been shadowed somewhat by
29 June, 2011
The true meaning of the termex gratia was considered by the
Employment Appeal Tribunal in a judgement handed down this
week.
In many circumstances where an employee is exiting their
employment, it is common
27 June, 2011
The new Bribery Act comes into force on Friday this week - 1
July 2011. It creates new offences of bribery and, crucially, of
failing to prevent bribery. The latter is a
27 May, 2011
New research from Ernest & Young suggests that the UK's
strict new bribery laws, which are due to come into force on 1 July
2011, will hit the oil and gas sector
4 May, 2011
It is well established that an employer owes a duty of care when
providing a reference to both its former employees and to the
recipient of the reference. A failure to take
28 April, 2011
The Government have announced in Guidance published on 30 March
2011 that the Bribery Act 2010 ("the Act") will come into force on
1 July 2011.
There are four main offences under the