Solicitor - Commercial Litigation at Education… · Dundonald

JOB DESCRIPTION

RESPONSIBLE TO: Head of Legal Services

JOB PURPOSE: The post holder will be required to carry out professional duties as a qualified solicitor providing legal advice, representation and services in relation to an assigned case load (with particular emphasis on procurement law and contractual / commercial matters including associated litigation and other matters set out below) to the Education Authority and other public bodies to whom EA Legal Services provides a service.

Background and Context

The Education Authority (“EA”) was established under the Education Act (Northern Ireland) 2014 and became operational on 1 April 2015. It is a non-departmental public body sponsored by the Department of Education and the Department for the Economy.

EA is responsible for ensuring that high quality nursery, primary and secondary education services are available to meet the needs of children and young people as well as the provision of efficient and effective youth services. These services were previously delivered by five Education and Library Boards (ELBs). The organisation employs over 39,000 people across Northern Ireland in a wide variety of roles including teachers in controlled schools, school-based support staff and staff in administrative headquarters. The organisation is responsible for a budget of approximately £1.5 billion recurrent, £300 million capital, £100 million annually managed expenditure and for services to over 1000 schools.

EA also has responsibility for the funding of the Voluntary Grammar School / Grant- Maintained Integrated sector.

The work we do impacts the lives of tens of thousands of children, young people and their families every day. The services we provide are essential in supporting, encouraging and facilitating learning within our communities to develop generations of young people who are equipped to succeed in life and work in the modern world. As a public sector organisation, we must continue to deliver these vital services in a challenging environment of increasing financial pressure and under intense public scrutiny.

EA Legal Services

EA Legal Services seeks to provide high quality and efficient legal services to enable the Education Authority and other clients to operate effectively within law, maximise the value of legal services provided, minimise legal risk and achieve best legal outcomes. The unit is located within the Chief Executive Office Directorate and is headed by the Chief Legal Officer, John Greer. A complement of 31 staff are based across Belfast, Dundonald and Omagh.

EA Legal Services provide advice and representation in the areas of education law (including special education), employment law; property and commercial law, litigation and public and administrative law. It also provides legal advice and representation to Libraries NI and the majority of grant-maintained integrated schools, both primary and secondary.

EA Commercial Procurement Service

EA Commercial Procurement Service (EA Procurement) is recognised as a Centre of Procurement Excellence (CoPE). It provides procurement services to not only the Education Authority (EA) but a number of other public bodies in Northern Ireland (e.g. CCEA, NILGOSC, Armagh Planetarium, Libraries NI and Southern Regional College).

Annually EA Procurement supports and facilitates a large number of procurement exercises for supplies, service, minor and major building works (many of high value and significance) covering a range of goods and services and works. The EA has annual procurement spend of approximately £500m. In addition, the EA has a significant contract portfolio, currently the live portfolio value is £1.48bn and is an important customer for many NI suppliers.

EA, like other Public Authorities, is subject to applicable public procurement legislation and policy frameworks. These regulations cover not just the award of public contracts but also renewals, extensions and material changes/modifications to existing contracts. The procurement arrangements for all contracts regardless of size are governed not only by legislation but also by Northern Ireland Public Procurement policy (as promulgated by CPD) and Public procurement policy notes that are endorsed by the Northern Ireland Executive. In addition the EA’s own governance arrangements apply with particular regard to Standing Orders.

EA Procurement therefore operates in a highly complex and increasingly challenging legal environment with numerous risks associated with this particular service. These risks are not only financial but are often operational, reputational and obviously legal/compliance in nature.

The legislative and policy framework continues to develop, and EA Procurement must ensure that its practices and contract portfolio remain compliant with current requirements.

The Role of the Procurement and Commercial Solicitor

With the benefit of in-house training and development, the appointee will provide day to day support to EA and EA Procurement in particular in a range of both public procurement law and commercial law matters. Legal support will be required throughout the procurement lifecycle, including advice on tender documentation, specifications, evaluation methodologies and contract documents; contract extensions and modifications; contract management and supplier-performance issues; knowledge transfer and training; and the development of appropriate commercial terms and conditions. The appointee will be working in partnership with EA’s commercial procurement services and providing legal advice to ensure that all procurement activities and contract management complies with current, future procurement legislation and NI Procurement policies and will act for EA in procurement and commercial legal challenges.

The appointee will also provide broader support to EA in terms of commercial matters, such as assisting with commercial litigation.

And finally...

Working for EA’s in house legal team offers a different perspective and intellectual stimulus. The appointee will have the opportunity to make a positive contribution to EA as it continues the process of transformation and seeks fundamentally to transform education services and estate for the benefit of future generations of children and young people.

As a solicitor within EA Legal Services, the successful candidate will be able to avail of flexible working arrangements; access to the NI local government pension scheme - a defined benefit pension scheme (NILGOSC - https://nilgosc.org.uk) and generous leave arrangements.

SUMMARY OF KEY RESPONSIBILITIES AND DUTIES:

1. To carry out professional duties as a qualified Solicitor in connection with an assigned caseload primarily relating to the matters set out below.
2. To conduct procurement and commercial / contractual litigation matters as well as, when directed, litigation matters (both Plaintiff and Defendant).
3. With the benefit of EA in house training and support, to provide day to day support to EA Commercial Procurement Service (EA Procurement) in a range of procurement and commercial law matters across all aspects of the procurement award cycle (works, supplies and services) e.g. advice on drafting documents such as instructions to tenderer and specification with particular reference to ensuring that such documents insofar as is possible do not give rise to ambiguity or uncertainty; assisting in the preparation of contract documents; assisting with designing evaluation methodology; knowledge transfer and training for Procurement staff; advising when necessary on modifications or changes to current contracts; supporting contract management with particular reference to poor performance; and devising commercial terms and conditions.
4. In so doing ensuring EA is adequately advised as to its responsibilities under the public procurement regime that applies in NI post Brexit and also with reference to Northern Ireland Public Procurement policy (as promulgated by Construction & Procurement Delivery (CPD)) as well as its own governance arrangements. Monitor and review EA contract terms and conditions to ensure that they are legally robust, commercially focused and reflect NI public procurement policies.
5. Monitor and keep up to date with procurement related case law and legislative developments to ensure they are reflected in legal advices on procurement and commercial law matters and disseminated to EA officers as appropriate.
6. Undertake as directed civil litigation matters (both Plaintiff and Defendant) including carriage of or claims handling function associated with Plaintiff and Defendant claims arising from contract, personal injury, property and other civil matters that may arise. In conducting litigation matters : undertake all relevant processes including drafting and setting of initial pre-action correspondence; taking witness statements; instructing and assessing expert opinion and other relevant evidence; drafting pleadings and other Court documentation; attending consultations; conduct of interlocutory matters; researching the law; and either appearing personally to present evidence and legal arguments to the Court, or when appropriate, instructing Counsel to do so.
7. To explore and undertake, where appropriate, alternative dispute resolution processes.
8. To provide broader support to EA in terms of commercial matters such as conduct of commercial litigation.
9. To provide accurate and timely legal advice on matters relating to the functions and exercise of the powers and duties of the Education Authority. To interpret legislation and the requirements of administrative law to Education Authority officers, other bodies and to draft associated reports. Where appropriate, to sit on strategic programme projects providing commercial and procurement law support.
10. To carry out all the foregoing duties in a proactive manner, complying with all relevant time limits and Rules of Court and responding to client requests including agreeing achievable and realistic actions, timescales etc.
11. Assist and/or provide such training on legal matters to Education Authority officers and other bodies as may be required.
12. Undertake such continuing legal education and/or professional development courses as may be required including keeping abreast of relevant legal developments and current thinking on related policy issues.
13. Undertake such other duties relevant to EA Legal Services as may be required from time to time.
14. Undertake the duties in such a way as to enhance and protect the reputation and public profile of the Education Authority

This job description will be subject to review in light of changing circumstances and is not intended to be rigid and inflexible but should be regarded as providing guidelines within which the individual works. Other duties of a similar nature and appropriate to the grade may be assigned from time to time.

In accordance with Section 75 of the Northern Ireland Act (1998), the post-holder is expected to promote good relations, equality of opportunity and pay due regard for equality legislation at all times.

To view the summary of terms and conditions for this post, click here.

PERSON SPECIFICATION

NOTES TO JOB APPLICANTS

1. You must clearly demonstrate on your application form under each question, how, and to what extent you meet the required criteria as failure to do so may result in you not being shortlisted. You should clearly demonstrate this for both the essential and desirable criteria, where relevant.

2. You must demonstrate how you meet the criteria by the closing date for applications, unless the criteria state otherwise.

3. The stage in the process when the criteria will be measured is outlined in the table below.

4. Shortlisting will be carried out on the basis of the essential criteria set out in Section 1 below, using the information provided by you on your application form.

5. Please note that the Selection Panel reserves the right to shortlist only those applicants that it believes most strongly meet the criteria for the role.

6. In the event of an excessive number of applications, the Selection Panel also reserves the right to apply any desirable criteria as outlined in Section 3 at shortlisting, in which case these will be applied in the order listed. It is important therefore that you also clearly demonstrate on your application form on how you meet any desirable criteria.

Section 1 - Essential Criteria

The following are essential criteria which will initially be measured at the shortlisting stage and which may also be further explored during the interview/selection stage. You should therefore make it clear on your application form how, and to what extent you meet these criteria. Failure to do so may result in you not being shortlisted.

Factor

Essential Criteria

Method of Assessment

Qualifications/ Professional Membership

Be a qualified Solicitor entitled to practice in Northern Ireland.

Shortlisting by Application Form

Experience

Have a minimum of three years’ demonstrable post qualification experience in civil litigation matters, including taking a significant leading role in High Court cases.

Applicants must demonstrate that the above experience includes taking a leading role in the conduct and resolution of commercial actions (as defined by Order 72 Rule 1(2) RSC*)

• O. 72, r. 1(2), RSC: “…”commercial actions” shall include any cause relating to business or commercial transactions and, without prejudice to the generality of the foregoing words, any cause relating to contracts for works of building or engineering construction, contracts of engagement of architects, engineers or quantity surveyors, the sale of goods, insurance, banking, the export or import of merchandise, shipping and other mercantile matters, agency, bailment, carriage of goods and such other causes as the Commercial Judge may think fit to enter in the Commercial List”.

Shortlisting by Application Form

Other

Demonstrable commitment to continuing professional development to ensure competence to practice as a Solicitor in Northern Ireland.

The successful candidate will be required:

to have access to a suitable vehicle (appropriately maintained and insured for Education Authority business) that will enable them to carry out the mobility requirements of the post in an efficient and effective manner and thus meet this essential criterion;

OR

be able to provide sufficient information on the application form that will satisfy the employer that he/she has access to an appropriate alternative form of transport that will enable them to carry out the mobility requirements of the post in an efficient and effective manner and thus meet this essential criterion.

Shortlisting by Application Form

Section 2 - Essential Criteria

The following are additional essential criteria which will be measured during the interview/selection stage in line with EA’s Game Changing People Model.

Factor

Essential Criteria

Method of Assessment

Qualifications/ Experience

Applicants must possess and demonstrate:

• A detailed and up to date understanding of commercial litigation practice and procedure in Northern Ireland.
• A comprehensive knowledge of available dispute resolution procedures in commercial matters.

Interview

Skills/ Abilities

In line with EA’s Game Changing People Model we will look for evidence of:

Evidence of excellent analytical and problem resolution skills to ensure legal/statutory compliance and limit organisational exposure.

Proven effective personal organisational and case management skills to successfully manage a demanding caseload.

Evidence of excellent relationship management and team skills.

Evidence of highly effective oral communication, negotiation, and advocacy skills.

Proven ability to provide clear, concise, well researched written legal advice.

The ability and skills to operate as an effective and resilient advocate in Courts and Tribunals.

Effective negotiating skills.

Well-developed personal organisational and case management skills to enable a demanding caseload to be dealt with in a timely and effective manner.

Interview

Values Orientation

Evidence of how your experience and approach to work reflect EA’s ethos and values. You will find information about our Values here.

Interview

Section 3 - Desirable Criteria

Some or all of the desirable criteria may be applied by the Selection Panel in order to determine a manageable pool of candidates. Desirable criteria will be applied in the order listed. You should make it clear on your application form how, and to what extent you meet the desirable criteria, as failure to do so may result in you not being shortlisted.

Factor

Desirable Criteria

Method of Assessment

Qualifications/ Experience

Have a minimum of one year’s demonstrable experience of providing legal advice and representation in public procurement law.

Hold a post graduate qualification in one of the following areas relevant to the work of EA Legal Services (e.g. education law, employment law, public law, commercial law or human rights).

Shortlisting by Application Form

Our Values

Through the selection process we will also seek evidence that the personal values of candidates align with those of the EA. This will include evidence of commitment to equality and excellence in service delivery. These reflect our aim which is to meet the needs of all our children and young people equally, removing barriers to learning and ensuring equality of access to excellent education services so that every child can develop to his or her full potential.

DISCLOSURE OF CRIMINAL BACKGROUND

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 defines working directly with children or young people or in specified places as ‘regulated activity’.

In the event that you are recommended for appointed to a post that involves ‘regulated activity’, the Education Authority will be required to undertake an Enhanced Disclosure of Criminal Background. Please note that you WILL be expected to meet the cost of an Enhanced Disclosure Certificate. Details of how to make payment will be sent to you at the pre-employment stage.

Further information can be accessed at NI Direct or the Department of Justice.

APPLICANT GUIDANCE NOTES

To view the applicant guidance notes, please click here.

To learn about the many great benefits of joining the Education Authority, click here

The Education Authority is an Equal Opportunities Employer.