The Judicial Appointments Commission (JAC) is now inviting applications for salaried employment judges of the employment tribunal
Launch date: 13:00 on 18 June 2018
Closing date: 13:00 on 02 July 2018
Number of vacancies: 54
Location: Details of the vacancies and locations can be found in the attached link.
Salary: £108,171 (salary group 7). London group 7 posts attract a London salary lead of £2,000 per year and a London allowance of £2,000 per year
Overview of the role
Employment judges preside over employment tribunals, the jurisdiction of which involves a wide range of employment-based disputes or issues involving claims against employers, individuals, trade unions, professional and regulatory bodies. There are currently more than 90 different causes of action that can be brought to the employment tribunal. A substantial number of claims include allegations of unfair or wrongful dismissal, unlawful discrimination, breach of contract, unlawful deductions from wages, transfer of undertakings and public interest disclosure.
An employment tribunal may consist of an employment judge and 2 non-legal members; one from the employee panel and one from the employer panel. Employment judges can also sit without non-legal members in preliminary hearings and in certain types of claims. The length of hearings varies considerably. Short track claims often require hearings of only 1 to 3 hours; standard track claims often require hearings of 1 to 3 days; while open track cases and the more complex standard track claims can take longer.
Employment judges sit throughout England and Wales, currently in 10 regional offices and 28 or more hearing centres and ad hoc hearing venues. They will be assigned by the President to sit in a particular employment tribunal region. They may sit principally at one office or hearing centre in the region, but must sit anywhere in the region when called upon to do so. They may also be required, from time to time, to sit outside the assigned Employment Tribunal Region by the President when such a need arises.
Terms and Conditions
Judicial Pension Note
MOJ JUPRA 1993 Pension Scheme
MOJ NJPS 2015 Pension Scheme
Location and jurisdiction
Employment judges' must live within reasonable travelling distance of the principal venue at which he or she sits.
Employment judges will be assigned to a principal venue but will be expected to sit approximately 6 to 8 weeks away from their primary location, including in remote areas. Employment judges in the North East and Wales are peripatetic.
Where there are multiple locations and/or jurisdictions available in a role, candidates should pay particular attention to any guidance in the exercise materials. Advice on selecting locations and jurisdictions is available.
You are required to indicate in your application the regions you wish to be considered for.
The JAC will try to accommodate both the wishes of candidates and the needs of the courts and tribunals. However, a successful candidate may not secure a post in their first, or even second, choice.
Selections are made on merit. Preference is not given to candidates who prefer posts in particular locations.
You may be recommended for a post in any region in which you express an interest so it is important that you would be prepared to accept an appointment and work in any area you express an interest in.
Salaried part-time working
Salaried part-time working may be available at a minimum of 50%. This will usually be working full weeks in blocks of at least four weeks. Final working patterns will be agreed with HMCTS and the Senior Judiciary upon appointment. The JAC encourages applications from anyone who may be interested in pursuing this option where a post is advertised as being open to salaried part-time working.
Hearing about candidates previously selected for this role is a useful way of finding out more about the skills needed. Salaried part-time employment judge Adenike Balogun was appointed in 2009 from a solicitor background and is based in South London. She talks about her move from solicitor to judge and preparing her application. https://www.judiciary.gov.uk/publications/why-i-became-a-judge-employment-judge-adenike-balogun/.
Judge Brian Doyle, the President of the employment tribunal for England and Wales, has written an article: Could you be an employment judge? There is useful information included which will be helpful to prospective candidates.
To be considered for appointment you must meet the eligibility requirements for this post. More information about eligibility is on the JAC website.
Under regulations 8(1) and 8(2)(a) of the employment tribunals (Constitution and Rules of Procedure) Regulations 2013, as amended, there shall be a panel of employment judges who satisfy the criteria set out in regulation 5(2) and are appointed by the appointing office holder (the Lord Chancellor).
The criteria set out in regulation 5(2) are;
- a person who satisfies the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis;
- an advocate or solicitor admitted in Scotland of at least 5 years standing; or
- a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 5 years standing.
A person has a relevant qualification if the person is a solicitor or a barrister or is a Fellow of the Chartered Institute of Legal Executives.
The meaning of “gain experience in the law” is set out in section 52(2) to (5) of the above Act and relates to a period engaged in law related activities.
In order to meet the statutory qualifications for appointment, a solicitor must appear on the Roll.
Additional selection criteria
For this exercise, the Lord Chancellor requires that candidates have current or previous substantial experience of employment law.
Additional information: posts in Wales
Candidates for posts in Wales need to have an understanding, or the ability to acquire the understanding, of the administration of justice in Wales, including legislation applicable to Wales and Welsh devolution arrangements. This will be assessed at selection day.
In addition, the ability to communicate fluently in spoken and written Welsh is required for at least one post. This will be assessed through a telephone assessment prior to selection day.
For this exercise candidates are not required to hold a judicial appointment. Please be aware that the statement about previous judicial experience on the personal profile part of the application does not apply to this exercise. Candidates without previous judicial experience may be required to attend additional observations and training. Arrangements for mentoring and coaching can also be arranged as necessary for successful candidates.
There is no upper or lower age limit for candidates apart from the statutory retirement age of 70. However, the age at which someone is appointed as a salaried judge of the employment tribunal must allow for a reasonable length of service of 5 years before retirement.
The Commission will make the decision as to whether a candidate will be able to provide a reasonable length of service.
Candidates who already hold judicial appointment and were first appointed before March 1995, may have a preserved retirement age of 72. This includes candidates first appointed to a judicial office in Schedule 7 to the Judicial Pensions and Retirement Act 1993. Such candidates should inform the JAC about their retirement age.
Candidates must be either a UK citizen, a citizen of another Commonwealth country, or a citizen of the Republic of Ireland at the time of application. Other European Union citizens are not eligible to apply.
You should note that the House of Commons Disqualification Act 1975 applies to this office. For further details please refer to the outline terms and conditions.
Open for applications: 18 June 2018
Close for application: 2 July 2018
Online qualifying test: 17 July 2018
The outcome of shortlisting will be emailed to candidates by 19:00 on 21 September 2018.
Independent assessments requested: 21 September 2018
Deadline for receipt of independent assessments: 5 October 2018
Selection days: 10 October 2018 to 18 October 2018
Completed consent forms for character checks due: 2 November 2018
Additional Interviews (if required following application of the equal merit provision): 20 December 2018. Further information regarding the equal merit provision is included on this page.
Outcome of selection days issued: End of January 2019
Throughout the exercise you will be assessed against the competency framework for the role of an employment judge. There are 5 competencies in total that list the behaviours of an employment tribunal judge who is performing the role effectively. The competencies are aligned to the Judicial Skills and Abilities framework used by the Judicial Office and Judicial College, and lists the ways in which a person demonstrates the required skills and abilities when working effectively in post.
Your online application plays an important part in the selection process. You must complete all required sections ensuring the information you provide is clear and accurate.
Please ensure that you read the competencies for the post and the Job Description before making your application.
The self-assessment section of the application is your opportunity to tell us about the experience and knowledge you have for the post. You must provide examples and evidence of why you feel your skills and experience are transferable into the post to enable you to perform effectively in the role. You should link your examples to the competencies required for the post giving regard to the job description. The self-assessment should not simply be a reiteration of your career history.
Guidance on completing the candidate self-assessment and choosing the best examples in your self-assessment
Candidates will be shortlisted to attend a selection day by means of an online qualifying test.
The test will be conducted online on 17 July 2018 from 07:00 to 21:00 and accessed through your online JAC account. You must be available on this date to take the test.
The test is approximately 2 hours long and is divided into 3 parts:
- Part 1: 30-minute multiple choice test with 20 questions (testing Situational Judgement)
- Part 2: 30-minute multiple choice test with 20 questions (testing Critical Analysis)
- Part 3: 55-minute scenario-based test requiring 3 written answers of 600 words each
Please note timings for each section of the qualifying test are subject to change.
You will have the option of taking a break in between each part.
You will need to complete all 3 parts between 07:00 and 21:00 on 17 July 2018. If you plan to sit the test in one sitting with short breaks in between, we advise that you start the test no later than 18:45 in order to allow yourself the maximum available time to complete the test.
All candidates should make the necessary arrangements to sit the test in a suitable and quiet environment ensuring a consistent and reliable access to a stable internet connection.
Information about qualifying tests
On 10 July 2018 (one week in advance of the test) you will receive full instructions on how to take the test plus preparation material. The instructions will be sent to the email address you provide in your online application.
If you do not receive this email by 19:00 on 10 July please contact the JAC immediately. We advise all candidates set aside at least 2 hours' reading time in the week preceding the test to study the preparation material.
Outcome of shortlisting
The outcome of shortlisting will be emailed to candidates by 19:00 on 21 September 2018.
The online qualifying test will be used as a shortlisting tool only, and will play no further role in the selection process.
The JAC provides feedback to help candidates understand why their application was unsuccessful and to assist with future applications. For this exercise, the JAC will publish a generic feedback report after the qualifying test. All unsuccessful candidates will also be informed of their individual performance within a range of marks and include information on the method of marking.
The generic report will give a broad indication of the:
- general standard of tests
- range of marks awarded
- distribution of marks within this range
After selection day, unsuccessful candidates who are identified as ‘near-miss’ will be offered individual feedback. All other unsuccessful candidates will receive a descriptor of their overall performance in their outcome letters. The JAC will also publish a general feedback report after selection day.
Read the guidance about independent assessments before completing your application. Independent assessments will contribute to your overall assessment. They should provide evidence that you have the abilities relevant to the role as outlined in the competency framework.
When asked to provide details of your independent assessors you will see 4 boxes for the assessor details. However, you must give details of 2 assessors only. If you provide more than 2 we will only approach the first 2 listed.
Independent assessments should provide evidence that you have the competencies relevant to the role of a salaried judge of the employment tribunals. Both of your assessors must, therefore, have sound and comprehensive knowledge of your work and one of your assessors should, ideally, be from your current employment. Depending on whether you already hold judicial office or not will determine the category or categories of assessors you must nominate as follows:
If you are a salaried judicial office holder, you will need to provide details of 2 judicial assessors. You should also discuss your application with your leadership judge.
If you are a fee-paid judicial office holder, you will need to provide details of one judicial assessor and one professional assessor.
If you do not currently hold a judicial office, you will need to provide details of 2 professional assessors.
A professional assessor could be:
- a senior partner or head of chambers if you are a solicitor or barrister
- a client, magistrate or local authority official if you are a sole practitioner
- a judge who is able to provide an assessment of your professional role
If you are a judicial office holder, a judicial assessor could be:
- the senior judge of the tribunal, court, jurisdiction or circuit where you sit most often or your appraising judge
- the Lord Justice Clerk
You must ensure all of the details (name, title and email address) are correct for both of your assessors. All correspondence with your assessors will be by email; it is important that the information you provide is correct to avoid any delay in the JAC being able to contact your nominated assessors.
Do not nominate Judge Brian Doyle, President of the employment tribunals (England and Wales), the Senior President of the Tribunals or the Lord Chancellor as independent assessors, as they are Statutory Consultees and the Appropriate Authority respectively.
Conflict of interest
The JAC Commissioners are listed on the JAC website; please do not nominate a Commissioner as an independent assessor. You should also state in the application form if you are in any way related to or known by any of the Commissioners and give details.
You are asked not to nominate an independent assessor whom you know is applying for the same exercise. Such an assessor will be conflicted and the JAC may ask you to find an alternative.
The JAC provides reasonable adjustments to ensure that candidates with disabilities are not placed at a substantial disadvantage. We will also consider making reasonable adjustments for those suffering from short-term injury or temporary illness. Details can be found in the JAC's reasonable adjustments policy. Candidates will have the option to outline their reasonable adjustment requirements on their JAC website account.
On the 4 and 5 September 2018 there will be telephone assessments to test the Welsh language requirement for candidates who are applying for the Welsh speaking post only. The Welsh language requirement is to be able to communicate fluently both orally and in writing in the Welsh language. Details will be provided to you nearer the time as well as instructions. The phone call will last approximately 15 to 20 minutes.
If shortlisted, you will be invited to a selection day which will take place in London and Birmingham between 10 October 2018 and 18 October 2018 (not including weekends). We will not be able to offer an alternative selection day outside of this period. In your application form, you will be asked to indicate your preferred interview location. However, this may not be possible.
For this exercise the selection day will include situational questioning and a competency based interview. Situational questioning involves asking you what you would do in a specific situation, based on challenging, real-life scenarios. Further details about the situational questions will be sent along with the invitation to selection day. Candidates applying for a position in Wales will be subject to additional questions at selection day.
The panel will use the evidence you provide at selection day and within your application, as well as independent assessments, to make an overall assessment which will be provided to the Commissioners when they make their selection decisions.
Information about selection day, including interviews and role plays
As required by the Judicial Appointments Regulations 2013, the JAC is required to consult a person (other than the Appropriate Authority) who has held the office we are selecting for, or who has other relevant experience. In this exercise the JAC will consult with Brian Doyle, President of the employment tribunals (England and Wales). The information provided by the statutory consultee will be used to inform selection decisions.
Information on statutory consultation
The JAC is required to carry out character checks on all candidates whom it intends to consider for appointment. This requires your signed consent. Please ensure you complete the relevant part of the application form and provide an electronic signature.
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 allows for the full disclosure of all spent cautions and convictions to assess good character.
You must declare and disclose all past convictions and cautions, regardless of whether they are spent or unspent. Failure to declare any matters that come to light from the JAC's checks may prejudice the outcome of your application. Read the good character guidance before applying.
You may update the character section of your JAC profile at any time. This is your continuing responsibility throughout the process for any matter that may arise up to the point of appointment.
Equal merit provision
In line with its published policy, the Commission will apply the equal merit provision to this exercise.
The relevant datasets that will be used to identify any under-representation are taken from the 2011 Census, detailed Characteristics, England and Wales (ONS 2012) and the diversity statistics showing the background of the tribunals judiciary (as of 1 April 2017), based upon primary appointment, as published on the Judiciary website.
The population of the United Kingdom ('usual residents') aged 25 to 74 that are women is 50.4%, while BAME is 11.3%. The proportion of Judges in the Tribunals that are women is 45% and of those who declared their ethnicity, 10% declared they were from a BAME background.
The Selection and Character Committee will consider which candidates to recommend to the Appropriate Authority as set out in the Judicial Appointments Regulations 2013.
In order to consider a recommendation, the Appropriate Authority may request any information that was available to the JAC in making its recommendation. You should be aware that any information you provide in your application or during the selection process could be passed onto the Lord Chancellor.
For this exercise the Appropriate Authority will be the Lord Chancellor, who can accept or reject a recommendation or ask the Commission to reconsider. The Appropriate Authority may not select an alternative candidate.
Outcome of the exercise
The JAC will issue results by email to all those interviewed at the same time. We hope this will be by the end of January 2019.
If you are not successful following the selection day, you can request written feedback. You should make this request within 6 weeks of the email informing you that you have not been successful. We will aim to respond to your request within 20 working days.
If you are offered a post you will normally be expected to take up the post within 6 months.
Residential Induction training (up to 3 days, 2 nights) will take place on 1 to 3 May 2019, 10 to 12 July 2019 or 18 to 20 September 2019 , depending upon when the successful candidate takes up the post.
Candidates without previous judicial experience may be required to attend additional observations and training. Arrangements for mentoring and coaching can also be arranged as necessary for successful candidates.
The successful candidate(s) will have access to the Judicial College training prospectus on appointment.
If you have any questions regarding this role or your application, contact firstname.lastname@example.org or a member of the selection exercise team:
Christine Holtz 020 3334 6854
Jonathan Smith 020 3545 8752
Sean Conway 020 3334 6710
Lisa Grant 020 7340 0505