22272 - Judicial Remuneration: Judicial Policy Directorate

Overview

The Judicial Policy Pay and Pensions Division, based with the Justice Policy, Communications and Strategy Group, is one of two divisions with responsibility for advising the Lord Chancellor on policy issues and other matters affecting the government’s important relationship with the judiciary, as well as the Lord Chancellor’s particular constitutional functions in relation to the judiciary.

The role of the Judicial Policy Pay and Pensions Division is to advise the Lord Chancellor on the high profile and sensitive issue of judicial remuneration – including both pay and pensions. Our challenge is to ensure we have a pay and pensions package which enables us to attract the best legal minds into judicial office, and incentivise them to stay in post – but while operating within the constraints of public finances. This is crucial not only for the effective operation of the justice system, but also to the international reputation of our world-class judiciary and our ability to attract international business to use English law and UK courts.

Remuneration is currently the subject of significant concern for the judiciary: the issues affect their morale, and the major review recently completed by the Senior Salaries Review Body (SSRB) has highlighted a serious and growing recruitment and retention problem at key senior levels of the judiciary. Judicial concern on pensions has culminated in judges successfully challenging some aspects of recent reforms in the court; if they are ultimately successful, the financial implications for government will be significant. Remuneration has therefore become a regular subject of discussion in ministerial meetings, both within government and with the senior judiciary.

During the next few months, the government will need to respond both to the SSRB’s major review recommendations We will also need to respond to future developments in a number of key strands of judicial pensions litigation which could have profound implications for pensions policy both for the judges, but also potentially for other public sector workforces. Both areas of work will require continuing close and effective engagement with the Treasury, at official, special adviser and ministerial level.

Role specific information

We are currently recruiting up to 2 band As to work on the following:

Judicial Pay Policy Lead

The post holder will be responsible for leading policy development on judicial pay issues, and a number of wider issues relating to judicial term and conditions. This is likely to include;

• Overseeing work to consider and advise ministers on whether to accept the SSRB’s major review recommendations (including wider recommendations on issues such as rewarding judicial leadership).
• Working closely with the band A pensions reform lead, as well as colleagues across the division and beyond, to prepare for and deliver the government’s response to the SSRB’s major review.
• Leading work to plan for how and when pay decisions for 2019/20 should be made.
• Preparing for and overseeing delivery of a review of non-legal members fees.
• Overseeing work to take forward a review of Magistrates’ expenses during 2019.
• Leading policy development on judicial terms and conditions issues, including overseeing work to finalise the new judicial expenses and relocation and excess fares policies.

The post-holder will need to work effectively in partnership with colleagues across MoJ, Her Majesty’s Courts and Tribunal Service and Judicial Office, and be able to provide confident and clear leadership outside of line management relationships.

He/she will be responsible for managing a team of 2 band Bs and 2 band Cs and will be expected to play an active role in developing capability across the team and wider directorate.

Pensions Litigation Policy Lead

We may also, subject to further developments, appoint a second band A. The post holder would be responsible for driving forward work anticipate and respond to the outcomes of a number of key strands of judicial pension litigation, working closely with the band A litigation lead. The exact work required will vary according to developments which will take place in the next 2-3 months (including the upcoming CJEU judgment in O’Brien and the Court of Appeal judgment in McCloud), but would be likely to include:

• Preparing for and responding to the CoA’s judgment in the McCloud litigation, expected as early as December 2018, which relates to claims of unlawful discrimination in the way in which the 2015 public sector pension reforms were implemented for the judiciary.
• Leading early work to develop the policy response required following the O’Brien judgment.
• Ensuring proper governance, accountability and planning is undertaken for the policy work specifically stemming from court decisions on judicial pensions issues.
• Working with key experts to ensure we are commissioning the right legal and financial analysis from external sources to support advice to ministers on how to respond to litigation developments.

The post holder would be required to work closely with colleagues leading wider pension reform work to ensure coherent and effective links are made between the two work strands, and that the interactions between them are properly understood.

Line management responsibilities will be determined once the scope of the work required, and therefore the amount of resource needed.

Both posts require:

• The ability to lead work across multi-disciplinary teams – working in close partnership with legal, finance and analytical colleagues – is essential.
• Close and effective Both post holders will also be required to engage closely and effectively with HMT colleagues, and to support as necessary engagement with HMT at Special Adviser and ministerial level.
• Building excellent relationships outside of our team; we work closely with legal, finance and operational colleagues. He/she will also play a leading role in shaping how and when we engage with HMT on the detail of our remuneration offer. The post holder will also have the right skills to develop, in partnership with others across the directorate, a judicial engagement strategy to support our future approach to remuneration.

Skills and Capabilities

The successful candidate will:

• Have experience in developing and delivering policy, and will be able quickly to become familiar with a complex policy area, drawing on a range of experts in the field.
• Be adept at thinking strategically and seeing the big picture, working through a complex range of interacting policy issues to develop a solution which is politically and financially acceptable.
• Command the confidence of Ministers, senior stakeholders and operational colleagues, and will ideally have experience of leading work involving a range of experts working across team boundaries.
• Have excellent written and oral communication skills, and will be responsible for providing high quality, evidence-based and strategic advice to senior colleagues and the Lord Chancellor to enable decision-making on these issues.
• Be able to understand how wider developments (including public sector remuneration policy) affect this work strand, and to be able and willing to flex and adapt accordingly.

Prior experience of working with the judiciary and of the justice system is desirable but not essential.

You will be required to provide evidence of the following competencies.

Seeing the Big Picture

• Be alert to emerging issues and trends which might impact or benefit own and team’s work
• Actively seek out and share experience to develop understanding and knowledge of own work and of team’s business area
• Seek to understand how the services, activities and strategies in the area work together to create value for the customer/end user

Making Effective Decisions

• Identify a broad range of relevant and credible information sources and recognise the need to collect new data when necessary from internal and external sources
• Recognise patterns and trends in a wide range of evidence/data and draw key conclusions, outlining costs, benefits, risks and potential responses
• Invite challenge and where appropriate involve others in decision making to help build engagement and present robust recommendations

Collaborating and Partnering

• Actively build and maintain a network of colleagues and contacts to achieve progress on objectives and shared interests
• Work as an effective team player, managing team dynamics when working across Departmental and other boundaries
• Actively involve partners to deliver a business outcome through collaboration that achieves better results for citizens

Leading and Communicating

• Communicate in a straightforward, honest and engaging manner with all stakeholders and stand ground when needed
• Communicate using appropriate styles, methods and timing, including digital channels, to maximise understanding and impact

Delivering at Pace

• Take responsibility for delivering expected outcomes on time and to standard, yet allowing the teams space and authority to deliver objectives
• Plan ahead but reassess workloads and priorities if situations change or people are facing conflicting demands
• Regularly monitor own and team’s work against milestones or targets and act promptly to keep work on track and maintain performance

Applications

This opportunity is open to substantive Band As or applicants seeking promotion.

Suitability for the post will be determined by a paper sift followed by interview.

Additional Information

Work location: 102 Petty France, London and flexible locations up to 2 days per week in line with business need.

Start date: As soon as possible, but agreed in consultation with the existing business area.

Before submitting your application, please ensure that you have discussed this with your line manager.

Closing Date: 21st November 2018 at 23.55 hours

If you require any assistance please call 0845 241 5359 (Monday to Friday 8am - 6pm) or email moj-recruitment-vetting-enquiries@sscl.gse.gov.uk Please quote job ref 22272

If you have any queries about the roles please contact sarah.jennings2@justice.gov.uk