Appointment details

Tribunal Procedure Committee Member

Summary
About the appointment
Person specification
Application and selection process
Additional information for candidates
Attachments

Summary

Organisation: Tribunal Procedure Committee
Sponsor department: Ministry of Justice
Location: London
Sectors: Public Administration
Skills: Regulation
Number of vacancies: 1
Time commitment: 9 meeting(s) per annum
Length of term: 3 years
Application deadline: 11am on 4 January 2023

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Timeline for this appointment

Opening date

30 November 2022
Application deadline

11am on 4 January 2023
Sifting date

2 February 2023
Interviews expected to end on

13 March 2023

Timeline dates are only an estimate and can change

About the appointment

Appointment description

Members will be expected to play an active role on the Tribunal Procedure Committee and to:

Attend and take an active role in Committee meetings; members will be expected to commit to attending approximately nine committee meetings per year, lasting three to four hours. However, the frequency of meetings can vary according to the need to accommodate the priorities of the work coming before the Committee;
Members are usually asked to participate in two standing sub-groups which meet frequently. Associated work for these will depend on upcoming work requirements and members will be expected to read and consider papers outside meetings;
Keep abreast of paperwork and issues relating to the work of the Committee;
Chair and/or attend sub-committee meetings or meetings with stakeholders;
Contribute to any reports or documents produced on behalf of the Committee, as required;
To play an active role on the TPC that makes rules governing the practice and procedure in the First-tier and Upper Tribunals.

Members of the Committee have collective responsibility for the operation of the body and must:

Where practicable and appropriate, hold at least one meeting a year in public;
Respond appropriately to complaints if necessary with reference to the MoJ;
Ensure that the Committee does not exceed its powers or functions.

Communications between the Committee and the Lord Chancellor will generally be through the Chair. Nevertheless, any Committee member has the right of access to Ministers on any matter that he or she believes raises important issues relating to his or her duties as a Committee member. In such cases the agreement of the rest of the Committee should normally be sought

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website

Person specification

Essential criteria

Candidates will be able to demonstrate the following:

o Experience of practice in the employment tribunals or the Employment Appeal Tribunal, or advising persons involved in Employment Tribunal and Employment Appeal Tribunal proceedings;

o Demonstrable ability to analyse and debate complex issues;

o Demonstrable ability to contribute to, and influence, Committee meetings;

o Demonstrable ability to manage time;

o Effective interpersonal and communications skills including a demonstrable ability to engage with stakeholders;

o An understanding of diversity issues.

Application and selection process

How to apply

Supporting Documents

In order to apply you will need to provide:

1. A Curriculum Vitae which provides details of your education and qualifications, employment history, directorships, membership of professional bodies and details of any publications or awards;

2. A supporting statement setting out how you meet the eligibility criteria;

3. Information relating to any outside interests or reputational issues;

4. Diversity monitoring information. This allows us to see if there are any unfair barriers to becoming a public appointee and whether there are any changes that we could make to encourage a more diverse field to apply. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be used as part of the selection process and will not be seen by the interview panel.

5. Reasonable adjustments - requests for reasonable adjustments that you would like to the application process (if applicable). Please complete:

- Conflict of interest form, political activity form and reference details attached below; and

- Diversity Monitoring Form click here.

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Please send your CV, personal statement and supporting documents to: PublicAppointmentsTeam@justice.gov.uk quoting reference PAT160061 in the subject line of your email. We will acknowledge receipt.

Please read the Candidate Information Pack attached below.

If you have any questions about any aspects of this post, you are welcome to contact Vijay Parkash at Vijay.Parkash@justice.gov.uk.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.
An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.
At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist.
Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.
The Panel will meet again to interview candidates and determine who is appointable to the role. The names of all appointable candidates are provided to Ministers. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.
The Panel’s recommendations will be provided to Ministers in a report which details the assessment method used and the outcome of each interview. They will then be asked to agree on the candidate(s) who should be appointed.
Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Advisory Assessment Panel (AAP)

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

The Panel will be:

• David Parkin, Deputy Director for Civil Justice and Law Policy, (Panel Chair);

• Mrs Justice Joanna Smith, Chair of the Tribunal Procedure Committee; and

• Jody Chatterjee, independent panellist

The Advisory Assessment Panel Chair will report to Ministers on the outcome of the interviews.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

The Government expects all holders of public office to work to the highest personal and professional standards.

We welcome applications from all those who are eligible.

However, as the TPC was established to carry out an independent function at arm’s length from the Government, we are mindful that appointing someone who is employed by a government

department might compromise that independence - or perception of independence - as well as diminishing the confidence of stakeholders and the general public. If you are in receipt of a

salary from a government department and wish to apply, you should expect that if selected for interview - the Advisory Assessment Panel will explore whether any perceived or real conflicts of interest might exist if you were to be appointed and, if so, how this might be managed or mitigated. The latter might include an undertaking to resign from government employment, if appointed, and if considered appropriate - for there to be an interval between resignationand taking up appointment to the TPC.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points.

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact http://publicappointmentsteam@justice.gov.uk/

You cannot be considered for a public appointment if:

you are disqualified from acting as a company director (under the Company Directors Disqualification Act 1986);
have an unspent conviction on your criminal record;
your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this.
you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points.

Government expects all holders of public office to work to the highest personal and professional standards.

You cannot be considered for

a public appointment if:

you are disqualified from acting as a company director (under the Company Directors Disqualification Act 986);
have an unspent conviction on your criminal record;
your estate has been sequestrated in
Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for credito

When you apply, you should declare if:

you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this.
you are subject to a current police investigation.

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people.

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the minimum criteria for the role and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

Government departments are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

ensuring that application forms are available in different or accessible formats;
making adaptations to interview locations;
allowing candidates to present their skills and experience in a different way;
giving detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
allowing support workers, for example sign language interpreters;
making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully:

any outside interests that you may have, such as shares you may hold in a company providing services to government;
any possible reputational issues arising from your past actions or or public statements that you have made;
and/or - any political roles you hold or political campaigns you have supported;

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies.

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

You will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers. Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. If re-appointed, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

You can claim reimbursement for reasonable travel and subsistence costs necessarily incurred on official business however these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon termination because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

If you have a complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write to or e-mail the Public Appointments Team at the e-mail address given below quoting the appropriate reference number.

Maggie Garrett, Ministry of Justice, Head of the Public Appointments Team, Arm’s Length Bodies Centre of Expertise: PublicAppointmentsTeam@justice.gov.uk

Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or the closure of the recruitment competition, whichever is the later.

We will acknowledge your complaint within two working days of receipt and reply within 20 working days of receipt. We will tell you if we cannot meet this deadline for any reason and provide an expected reply date.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response, [and this appointment is regulated by the Commissioner for Public Appointments], you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk,Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website www.publicappointmentscommissioner.independent.gov.uk/complaints

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Your personal Information

In accordance with the Public Appointments Order in Council 2019(4)(5), we will process your application in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter.

Your data will be held securely and access will be restricted to those dealing with your application or involved in the recruitment process. Your data may also be shared with the Commissioner for Public Appointments and other relevant government departments, including the Cabinet Office, as part of a complaint investigation or review of the recruitment process. Cabinet Office will handle data in accordance with their Privacy Notice https://publicappointments.cabinetoffice.gov.uk/privacy-notice. Your data may also be disclosed as required by law or in connection with legal proceedings.

Your data will be stored for up to two years and processed for the purpose of the recruitment process, diversity monitoring and, if successful, your personal record. If appointed, your data will be stored for the duration of your tenure and may be shared with the organisation to which you are appointed, unless you specifically request us not to.

Should you wish your data to be removed from our records, please contact publicappointmentsteam@justice.gov.uk

Contact details