Should Judge Alexander Kemp be investigated over Peggie judgment?

So far, the Judicial Office, a branch of the UK civil service which supports non-devolved tribunals across the UK and whose task it is to “maintain confidence in the rule of law” (not to be confused with the Judicial Office for Scotland), has issued one certificate of correction to address the “clerical error”. It is not clear whether another such certificate will be issued to deal with the subsequent “clerical errors” found after the first was issued. 

The Judicial Office has refused to explain what caused fabricated quotations to appear in Judge Kemp’s ruling. 

Complaints against employment judges in Scotland must be made to the president of the Employment Tribunals, who “may consider and decide upon it” (and not the the Judicial Conduct Investigations Office). Alternatively, the vice president may be asked to deal with the complaint. 

Complaints about judicial decisions do not come within the scope of the complaints policy, yet it is not clear how the novel allegation that AI may have been used in the preparation of a judgment fits into the policy – making this case a test of its scope.

A complaint about an employment judge must be made in writing to the president. It may be sent by post to the Office of the President, Employment Tribunals (Scotland), The Glasgow Tribunals Centre, 3 Atlantic Quay, 20 York Street, Glasgow, G2 8GT or to Glasgow.President@justice.gov.uk.

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