PRINCIPAL EMPLOYMENT LAWYER

Transcription

1 Hammersmith & Fulham borough of opportunity PRINCIPAL EMPLOYMENT LAWYER Legal Services Application Pack

2 Information for applicants Politically Restricted Posts Job Description Selection Criteria

3 POLITICALLY RESTRICTED POST The Local Government and Housing Act 1989 requires the Council to designate certain posts as politically restricted. The Council has designated this post as politically restricted. This means that the Act and regulations made under it debar you from engaging in certain political activities should you be successful in obtaining this post. The following is a summary of some of the provisions of the Act and the regulations made under it. HOLDING POLITICAL OFFICE By regulations made under the Act if you announce that you intend to stand for election to a Local Authority, Parliament or the European Parliament your appointment to this post will terminate forthwith. POLITICAL ACTIVITIES The act and Regulations made under it debars you from: (a) Acting as an election agent or sub-agent for a candidate. (b) Participation in the general management of a political party or branch of such a party or acting on behalf of a party or branch in dealings with persons other than those who are members of that party, branch or an associated party. (c) Canvassing on behalf of a party or a candidate (displaying a poster in your home or in your car is specifically exempted from these restrictions). (d) Speaking in public or allowing to be published a work that has the apparent intention of affecting public support for a political party. If you engage in these activities the Council is required to enforce this term of your contract through the disciplinary procedure. There is no right to apply for exemption from political restriction as this post is a Specified Post under the Local Government and Housing Act 1989.

4 JOB DESCRIPTION Designation: PRINCIPAL EMPLOYMENT LAWYER Post Number: Department: FINANCE AND CORPORATE SERVICES Section or Service: LEGAL SERVICES Responsible to (designation): HEAD OF CHILDREN & COMMUNITY SERVICES EMPLOYEES DIRECTLY SUPERVISED (IF ANY): 1 Structure Chart: Indicate by means of a diagram the position of job in organisation or attach organisation chart. Head of Legal Services Head of Children & Community Services Principal Children & Community Services Lawyer Education Lawyer Principal Employment Lawyer Secretary x 2 Legal Assistant Children & Community Services Lawyer x 5 Employment Lawyer JOB PURPOSE: 1.1 To deal with all legal matters, relating to the Council s functions as an employer and advise

5 upon a wide range of contractual and statutory matters including employment law, health and safety law, personal injury law and pensions. DESCRIPTION OF DUTIES Key personal duties. All duties to be carried out in line with the Council s Equal Opportunities policy 2.1 To advise HR and management in all departments of the Council (at member level and below) on all areas of employment law including wrongful and unfair dismissal, redundancy, sex, race and disability discrimination and issues arising in relation to TUPE transfers. 2.2 To advise all departments of the Council on any procedural matters relating to the selection and recruitment, discipline and dismissal (capability and misconduct) of staff including drafting appropriate compromise and COT 3 agreements. 2.3 To provide legal advice to the Assistant Director, Resources and, where necessary to the Corporate Management Team on the development of employment policy and procedures. 2.4 To conduct (including undertaking advocacy when appropriate) cases brought by employees, ex-employees in the Employment Tribunal, Employment Appeal Tribunal or County and High Courts. 2.5 To be aware of changes in legislation and case law affecting the range of matters dealt with in the Section. 2.6 To draw and settle bills of costs (having them taxed where necessary ) in connection with actions brought by and against the Council. 2.7 To have conduct of other miscellaneous contentious cases as required, including undertaking advocacy in the Magistrates, Family Proceedings, County and High Court. 2.8 To represent the Head of Legal Services, where representation is required at senior level at meetings. (i) of elected members (ii) with other departments (iii) with outside agencies (iv) of corporate working groups 2.9 To provide Employment Law training to Managers within the Council as required including Councillors and School Governors in order to ensure a consistent approach across the Council.

6 2.10 To undertake development of employment law policies and procedures, and to amend such procedures in line with the current legislation To draft TUPE contracts for the Council in conjunction with the Principal Contracts Solicitor 2.12 To advise Council staff on Health & Safety legislation and provide guidance in relation to changes in legislation To interpret pensions provisions and provide advice to client departments on it s application To undertake sole preparation of tribunal cases from when claim is received to full disposal of case To negotiate commercially viable case settlements on behalf of the Council with employees or their representatives either directly or via ACAS To provide advice to departmental directors on risk and quantum in respect of claims brought against the department To brief counsel where required and attend conferences with counsel as the department s representative To attend ACAS arbitration schemes as the Council s representative in order to achieve dispute resolution in claims brought against the Council To represent the Council at interlocutory hearings before tribunals or courts To instruct and liaise with medical experts in respect of Disability Discrimination cases To provide advice to Councillors and / or Directors at dismissal appeal hearings To provide advice to all departments on Personal Injury Law in relation to Council employees To provide advice to the Council on data protection in relation to employees and ex-employees To supervise and contribute to the proper development of the Employment Lawyer and any temporary or agency staff that may be working in the team from time to time To supervise secretarial staff within the Community Services team as required.

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8 LONDON BOROUGH OF HAMMERSMITH & FULHAM SELECTION CRITERIA DATE: SEPTEMBER 2008 PREPARED BY: Kevin Beale DEPARTMENT: ACE JOB TITLE: Principal Employment Solicitor POST NO: SELECTION CRITERIA ARE THE ESSENTIAL SKILLS, ABILITIES, KNOWLEDGE, EXPERIENCE AND/OR QUALIFICATIONS REQUIRED TO BE ABLE TO CARRY OUT THE DUTIES OF THIS POST. PLEASE, THEREFORE, ADDRESS EACH CRITERIA LISTED BELOW, DRAWING UPON ALL YOUR EXPERIENCE, WHETHER IT HAS BEEN GAINED AT HOME, WORK OR ON A VOLUNTARY BASIS. A To be a qualified solicitor, barrister or legal executive. B To be able to demonstrate an understanding of and commitment to the Council s equal opportunities policy. C To have knowledge of all aspects of the law relating to individual employment law, including, unfair dismissal, TUPE, race, sex discrimination and disability. D To demonstrate a practical understanding of the rules and procedure of the Employment Tribunal E To be able to undertake advocacy at the Employment Tribunal in contested cases. F The ability to communicate effectively, both orally and in writing.

9 G The ability to provide sensitive and commercial advice to senior officers and members. H To be able to carry a complex caseload with limited supervision. I The ability to manage and motivate a small team.

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