Lawyer
12-month fixed term contract (with the possibility of an extension)
£52,505 per annum
Closing date: 21 May 2018 (noon)
Interview date: w/c 29 May 2018
Welcome. I’m delighted you’re interested in working with The Pensions Ombudsman. Let me tell you a little more about us so that you can decide if you like what you hear and think you might be the right fit to join us as aLawyer.
We are a small office - about 75 strong. “Strong” is the right word, because we have such great people working here. Our aim is to support one another to provide the best service we can for people who use us. What we do makes a real difference to people’s lives, particularly at a time when every penny counts and people have to have faith in pensions if they are to save for tomorrow.
The Ombudsman and Deputy Ombudsman determine complaints and their decision is legally binding on the parties, subject only to appeal on a point of law to the Courts. As a Lawyer you will be handling some of the more complex complaints. You will also be involved in policy consideration and litigation matters.
These are hugely challenging and rewarding jobswhich can make a real difference topeople’s lives and the pensions industry. They require you to have exceptional communication skills, a good knowledge of pensions legislation, at least two years post-legal qualification experience, and the ability to analyse and make clear and concise decisions.
If you think that you have the skills and experience to take on this challenge we would be delighted to hear from you.
Anthony Arter
Pensions Ombudsman
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A description of the work of The Pensions Ombudsman
When someone has tried to resolve a problem with their pension and isn’t satisfied with the outcome, they can ask us to help.
We are an independent organisation set up by law to investigate complaints about pension administration. We also consider complaints about the actions and decisions of the Pension Protection Fund (PPF) and about some decisions made by the Financial Assistance Scheme (FAS).
We look at the facts, without taking sides. And we have legal powers to make decisions that
are final, binding and enforceable in court. Our service is free.
We are funded by grant-in-aid paid by the Department for Work and Pensions (DWP). The grant-in-aid is largely recovered from the general levy on pension schemes administered by the Pensions Regulator.
Around60 staff work here dealing with about 6,500 enquiries and 1,300 investigations each year. A number of investigations are resolved without the need for a full Ombudsman determination.
Purpose of the Lawyer role
You will be part of the Pension Ombudsman’s in house legal team, who act as primary legal advisers to all staff of the Ombudsman. The key purpose of the role is to support the Pension Ombudsman to exercise its functions in accordance with the relevant laws, policies and practices.
You will achieve this by ensuring that the decisions we make and the processes we follow are legally sound. This will include providing legal support to colleagues on legal and regulatory issues, as well as risks arising in complaintsunder investigation. You will handle the more complex complaints which may mean analysing evidence, drafting and makingand/or recommending a decision to the Pensions Ombudsman, or Deputy Pensions Ombudsman. You will be required to identify the need for external Counsel where appropriate and to instruct and manage external Counsel, or to handle any litigation arising from our decisions.
As an integral member of the legal team, you will work in partnership with staff at all levels and external stakeholders in contributing to the delivery of clear and timely policies in areas affecting our work. This could require you to carry out research, review and revise existing publications, advise on the design and implementation of new policies and participate in internal and external working groups.
You will also play a central role in ensuring the organisationas a whole is aware of legal developments which may have an impact on the way we deal with cases; akin to acting in a professional support capacity.
You will be accountable to the Legal Director and Legal Manager for the efficient and effective discharge of the responsibilities of your role as a Lawyer.
Key duties
Casework and jurisdiction
- Investigate, advise on and/or settle complex (particularly legally complex) cases, with a view to ensuring that the processes followed and decisions reached are based on sound legal analysis, are consistent with previous cases where possible and accord with the Ombudsman’s statutory powers and objectives.
- Draft determinations for the Pensions Ombudsman’s review and assist with reviewing and drafting other correspondence for staff, some of which could include correspondence to Members of Parliament and regulatory bodies.
- Act as a sounding board for colleagues and assist colleagues to identify, monitor and mitigate risks (such as reputational, regulatory and litigation risks).
- Provide support and advice to colleagues in the organisation on legal,procedural and regulatory issues which may arise on matters under investigation such as the sufficiency of evidence, merits of opposing arguments, information requests and strategy.
- Timely and detailed reporting on the progress of cases to assist with periodic reports to the Executive Board, annual reporting and the collating of management information.
- Undertake such other duties as may be required by the Ombudsman or the Legal Director or the Legal Manager.
Litigation
- Support the Pensions Ombudsman in following through any legal consequences of determinations which are appealed, including handling any litigation from inception to conclusion.
- Handle all allocated appeals, including promptly reviewingclaim forms together with any supporting documentation and advise The Pensions Ombudsman on merits and strategy.
- Proactively liaise with the Court and parties to litigationto progress cases and adhere to all court deadlines
- Attend hearings and complete all follow up work arising from external hearings and oral hearings conducted by The Pensions Ombudsman.
- Where appropriate, instruct counsel to represent The Ombudsman – drafting formal instructions and liaising and supporting counsel.
Policy and professional support
- Advise on matters of policy affecting The Pensions Ombudsman, its processes and procedures
- Prepare and give presentations on behalf of The Pensions Ombudsman.
- Research legal issues and disseminate information about points of interest or importance which may arise, for example from law reports.
- Liaise with external stakeholders to support The Pensions Ombudsman in the delivery of its objectives.
- Represent The Pensions Ombudsman at external stakeholder and networking events.
- Ensure that your professional and technical knowledge keeps abreast with current changes.
Other
- Ensure high standards of client care, in particular by meeting and exceeding service level agreements
- Ensure that databases and other information recording systems are kept up to date.
- To contribute towards and assist further the priorities and objectives of the legal team and The Pensions Ombudsman at all time.
Essential qualifications, knowledge and skills
Essential requirements
Qualifications
- Educated to degree level.
- Qualified as a solicitor or barrister with at least two years post qualification experience in at least one of the following areas: pensions, litigation, disputes resolution, regulatory law (preferably financial services regulation) or public law.
Knowledge and skills
- Interest in or preferably experience in pensions.
- Excellent interpersonal skills and the ability to build relationships at all levels within a small legal team and small organisation.
- Excellent verbal and written communication skills. This includes the ability to draft and edit documents to a high standard, adapting the tone and presentation of documents in a manner that is well suited to its purpose and audience.
- Ability to interpret law and precedents and to translate this to practical, jargon free advice.
- Excellent analytical and problem-solving skills.
- Ability to manage caseload and progress a number of cases or tasks efficiently and effectively at any one time.
- Ability to reach a view, which at times will involve complex pension issues, on the validity of complaints on the basis of the evidence available and justifying this opinion to the Ombudsman.
- Awareness of own development needs.
Desirable
- Experience as a pensions lawyer or pensions administrator or manager.
- Experience of relevant pensions legislation.
- Experience of dispute resolution or complaints handling.
- Litigation experience.
- Experience of drafting decisions for publication on behalf of a public body.
- Experience contributing to policy work.
Main terms and conditions
Location
The successful candidate will be based at The Pensions Ombudsman, 10 South Colonnade, Canary Wharf E14 4PU.
Salary
The salary range for a Lawyer is £52,505 to £61,642 per annum.
Pension
The post holders are entitled to join the Civil Service Pension Scheme. Further details are available from
Leave
Annual leave allowance is 25 days per annum plus bank holidays and 2½ days privilege holiday.
Hours
Contracted hours will be 41 per week including meal breaks.
Probation
The successful candidates will work a probationary period of 6 months. The appointment will be confirmed when this period has been completed successfully.
Other benefits include
- Interest free loans for the purchase of season tickets.
- Flexi time.
- Buying and selling annual leave.
- Other flexible working arrangements, subject to satisfactory performance.
- Free eye tests.
- Employee assistance programme.
Application process
Please complete the attached application form and submit it with your CV. In the section "Why I am suited to this role", we want you to provide clear examples of how you have demonstrated the essential skills required.
We will use your CV and application form to decide who to invite to interview. As well as considering the substance of your application and CV, we will also use them to judge your written communication skills.
To help us to monitor the effectiveness of our diversity policy, please complete the diversity monitoring form and submit it with your application. This is not compulsory and will form no part of your application.
Please return the completed form by the advertised closing date to
Selection process
We will assess application forms and CVs to draw up a shortlist of candidates to invite to interview. Candidates invited to interview will be asked to:
- do a written test
- meet with members of the legal team and
- attend a formal competency based interview.
We thank you in advance for applying to us for these roles and we very much appreciate your interest. Regrettably we are unable to acknowledge applications or to feedback to those who are not invited to interview. If you have not heard from us within 3 weeks of the closing date please take it that on this occasion your application has been unsuccessful. We reserve the right to amend the cut-off point for inviting candidates to interview from one recruitment exercise to the next depending on the volume of applications we receive.
Annex
HMG Baseline Personnel Security Standard (BPSS)
Everyone who works at The Pensions Ombudsman is expected to successfully complete the BPSS.
There are four elements of verification and we must be satisfied that evidence has been made available to enable verification of each element. These are:
- confirmation of nationality and immigration status;
- confirmation of identity;
- verification of previous three-year employment history;
- disclosure of unspent criminal convictions.
We will carry out the first three checks internally but for the unspent criminal conviction check we use Disclosure Scotland (an agency) to provide a disclosure certificate.
BPSS ensures that:
- new staff are entitled to undertake the employment in question and, where appropriate, meet nationality rules for government service;
- we are guarded against the employment of anyone posing as a prospective employee for commercial or personal gain; and
- a sound basis is provided for any subsequent security checks.
The check will be carried out when a contract offer has been made. The offer will be subject to successful completion of the BPSS. The contract will not commence until BPSS has been completed successfully.
Applicants should be aware that supplying false information or failing to disclose relevant information could be grounds for refusal/dismissal and could amount to a criminal offence.
Data protection
Checks require processing of personal data about individuals. The provisions of the Data Protection Act 1998 will apply at all times.
Information about criminal records (self-disclosures, or other vetting disclosures) will only be held by the Business Manager and/or Human Resources Manager. Disclosure information will only be used for the specific purpose for which it was requested. For successful candidates, the information will be kept securely and will not normally be kept with standard personnel records if such records can be accessed by other staff. Disclosed information will be kept for a further six months beyond the duration of employment. For unsuccessful candidates such information will be kept for six months in line with all other recruitment paperwork. Once the retention period has elapsed, disclosed information will be destroyed by secure means.
We may check information provided by you, or information about you provided by a third party. We will not disclose information about you to anyone outside our organisation unless the law permits us to.
Information provided by you in this application, and the supporting documentation, will be used by the panel to consider your suitability for the post applied for. If you are successful, this information will become part of your employment record. If you are unsuccessful, some data may be used for monitoring purposes and will be destroyed after twelve months.
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