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Employment Tribunals: Lay Member Recruitment Exercise 2002 Evaluation Summary The exercise was to appoint 244 new lay members across England and Wales and Scotland by 25 October 2002; 242 new lay members were appointed. The exercise cost the Department £440,672, £1806 per lay member appointed. The exercise generated a significant amount of interest as shown by the number of applications:

Numbers

Expressions of Interest (telephone)

9,499

Applications 4451 Invited to interview 595

(3 were on appeal)

Appointed 242 (2 were on

appeal)

CapitaRas were selected in January 2002 to administer the recruitment process after an open tender. This was the second time that new lay members were selected by open competition and it had the advantage of building on the lessons learnt first time round. The involvement this time of CETMA both in the interview stage and in the development of case studies and their input to the criteria was worthwhile and should be continued. Overall the exercise ran well, there were some hiccups, and some lessons to be learnt for the next round.

The evaluation covers the following stages:

• DTI/CapitaRas to develop clear, comprehensive and relevant job criteria.

This went well. The key players were brought together – the two Presidents, DTI and CETMA [ETS were kept fully informed] and the approach ensured ownership of the exercise from the outset. The work carried out should not be lost as it forms a strong base for the next exercise.

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• CapitaRas, Produce an information pack and suitable recruitment literature for the posts, and an application form.

The material here was good and built on the experiences of the last recruitment exercise. There is room for improvement and we need to be more upfront by providing details on the number of vacancies that exist and the panels.

• CapitaRas to draw up, and agree with the key players the text of the advertisements and place them in the appropriate media, including those commonly accessed by women, ethnic minorities, and other ethnic groups

Again the material was good. There were isolated pockets where candidate response was not as strong as in other regions. In addition to using the press a future exercise might target local Chambers of Commerce and community groups etc. It should also target the Welsh language press to encourage Welsh speakers.

• Diversity

Government targets were met but the report recommends how we might go further. Some of the material mentioned above e.g. the case studies could be adapted for use as handouts etc.

• Involvement of employee and employer organisations “nominating bodies” and DTI “interest list”

The approach took here worked quite well, particularly with the TUC. Agreeing to give a supported application an automatic full mark for “work experience” was good. The TUC took the exercise seriously by running seminars for potential applicants and clearly giving thought to those it nominated. Other organisations in this category should be encouraged to take a similar approach. Formal consultation took place on the names of those recommended for appointment.

• Application Handling

Went well. There were 4451 applications and 9499 telephone expressions of interest.

• Sifting Process

This process ran smoothly by sticking closely to core competencies agreed at the outset. It was a generally straightforward process to

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match the information on the application form against the competencies. Quality assurance checks worked well. Given the numbers involved this was the right approach to make. It ensured that all applicants were considered fairly. Things went wrong with the way requests for information, from applicants who were turned down for interview, were handled. The time delay in many cases was unacceptable leading to complaints to Ministers and the Ombudsman.

• Interview Process

From the viewpoint of the interviewee things ran smoothly (obviously there were some exceptions) but that is the feedback given to Capita from those candidates who phoned to discuss the interview’s decision – where there was criticism it was levelled at the approach taken by some of the interview panels. Organisationally things were not so smooth for the interviewers. In particular Capita’s dealings with the lay members created unnecessary problems that could have been avoided. Things were too rushed. Instructions ignored. The important lesson here is that a future exercise needs to give greater thought to the interview panel, its composition, its training, at an earlier stage in the exercise. This was a lesson learnt from the last appointment round.

• Appointments In most cases it was straightforward to identify those candidates whose names were to be recommended to the SOS for appointment. Though it would have helped had the board reports been better. The handling of candidates went smoothly.

All references on the recommended appointees were not available before the names went to Ministers. So the appointments were conditional upon satisfactory references and Departmental clearance. Fortunately, with one exception, this did not prove to be a problem. Appeals against non-selection were not heard until after the main batch of appointments. Candidates in England and Wales had been asked to commit to induction training dates at their interviews. These dates were subsequently changed. The main lessons here are that the time between the end of the interviews and the appointment date was too tight and more thought should have been given to the Induction Training Dates.

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Recommendations Develop clear, comprehensive and relevant job criteria, and agree them with the DTI officials. 1. The competency framework is good and, unless there are significant changes to the post requirements, should be suitable for future recruitment exercises. However, the need for Welsh speakers and Section 22(1) of the Welsh Language Act 1993 will need to be considered. And the weighting of competencies at interview stage needs more work. 2. Interview Panel members should be invited to give their views on the weighting used on the interview forms. Produce an information pack and suitable recruitment literature for the posts, and an application form. 3. It is suggested that – for contact reasons – candidates are also asked to disclose their work telephone number and e-mail address on the form. 4. The application pack indicated which Tribunals had vacancies but did not specify how many or which panel. Next time we should be more up front. 5. The way some candidates’ described their experience did not always match the panel applied for. Next time a question should be asked requesting them to explain their option and the “hands-on” experience they bring to the particular panel. 6. For practical reasons candidates were asked to make a second choice in location, some then presumed they would be given equal consideration for both locations. While it worked well knowing the candidates second choice of location, it is suggested that candidates are made fully aware that they will be considered for their first choice, the second only being used should there be insufficient candidates in that location. 7. Candidates were asked whether or not they were Freemasons (in preparation for the proposed database due to be established by the Lord Chancellor’s Department on public appointees who are freemasons). This caused some concern and debate across the range of officials, Ministers, Parliament. The answer is not needed until the appointment is made but administratively it is easier to ask at the outset. However, given the concerns it caused and the resource costs in handling, it is suggested it is asked after appointment rather than on the application form in the future. 8. Candidates should be asked to confirm that they can be released from their employment for Lay Member duties. Some candidates had not advised their employers that they had applied for appointment as a Lay Member and there were a few subsequent problems with references and employers permission to release the person.

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9. While the Valuing Diversity criterion worked in most cases, the explanation offered in the background papers needs to be clarified. 10. Applicants for England and Wales were offered a choice of induction training dates and asked to select their preference. This turned out to be a waste of time as the dates changed. It would have been better not to ask. Draw up, and agree the text of advertisements and place them in the appropriate media, including those commonly accessed by women, ethnic minorities, and other ethnic groups 11. More English and Scottish regional advertising should also be considered on the next occasion, especially in East Anglia, Cumbria, the North East and Dundee. 12. Employer and Employee organisations should be provided with advertising material for their “in-house” periodicals, as could Chambers of Commerce. Diversity 13. Despite meeting these targets more needs to be done. It is not realistic to rely on the promotional campaign for a recruitment exercise to increase diversity amongst lay members: there remains a need for more pro-active work over a prolonged period. 14. The respective Presidents should consider meeting and briefing employer/employee organisations on the role and importance of lay members. In addition they should target community groups etc. This should be done at a national and regional level. Regional Chairmen could also play a part, as could CETMA. Involvement of employee and employer organisations “nominating bodies” and DTI “interest list” 15. The legislative requirements are not wholly compatible with an open recruitment exercise. However in practice seeking nominations works fairly well and ensures that such applicants have practical experience of employment relations in the workplace. This is an essential requirement. 16. It is worthwhile working with employer and employee organisations but in a more proactive way – the TUC seminars offer a good example. Application Handling 17. On-line applications were a problem and are likely to cost more in a future exercise. Capita initially underestimated the technical support candidates needed to complete on-line application forms. In other schemes handled most on-line ‘younger’ people who were computer literate completed applications. In this instance many of the users were older and needed

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considerable technical support. Capita responded by opening up the technical support hot line until 9 pm (rather than 6 pm). 18. A firm line was taken on late applications - there were a few, but all had received their application packs at least a week before the closing date, and had no excuse for sending their applications in late. Sifting Process 19. The Department were keen to appoint Employment Relation practitioners as lay members. Initially there were some discrepancies in the markings of the Independent Assessors when marking those candidates who had moved into consultancy a few years previously. It would have helped if there had been a ‘rule’ for pre-sifting applications from consultants to ensure that recent “hands-on” experience was assessed. Such a rule would be applicable in other instances e.g. where an applicant had recently moved jobs to areas where the necessary skills were no longer used but were still up to date. 20. It would be helpful if more Employment Tribunal Chairmen could be involved in the sifting process. This will help to validate the marking of the Independent Assessors. 21. A number of candidates had difficulty with the ‘Valuing Diversity’ question. Some candidates confused it with ‘product diversity’. Some allowances were made in the marking structure as a result. Clearer guidance needs to be given to candidates on the next occasion, as this is a worthwhile question. 22. It is suggested that, prior to the formal sift meeting, the names of all candidates who have applied are sent to the appointing department as part of the quality assurance checks. 23. It is suggested that next time all “turn down” letters sent by the recruiting agency explain the selection process in detail and let the candidate know where [s]he stood in relation to other applicants for the location considered. This would be in line with current good practice. Subsequent contact from the candidate should be escalated to the appointing department immediately. Interview Process 24. It is suggested that more work needs to be done with interview panels and at an earlier stage. The structure used this time worked and should be kept but:

• both Presidents need to be proactive in identifying Chairmen; • the possibility of using a mix of working civil servants rather than only

retired ones should be explored. With training at an earlier stage and more detailed;

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• CETMA’s framework for identifying lay members was good. Appendix A. For obvious reasons they covered their own membership, which represents 52% of lay members, though this varies regionally (in Scotland 72 % of the lay members are represented). Nevertheless what about those remaining lay members? Is it right to exclude them from contributing to the selection process? These are questions that need to be addressed before the next round.

• CETMA’s framework should be a basis for selecting all interviewers. • Next time round interview dates and venues should be fixed at the start

of the exercise and included in the application pack. 25. The administration was too rushed and inadequate. Training needs should be addressed earlier in a future exercise, enabling the training to be better targeted at the needs of trainees. 26. There should be direct involvement between the appointing department and a recruitment company’s trainers in future – this time it was through Capita’s project manager. 27. More attention also needs to be given on conducting interviews. Most Board Chairman did not put any summary comments on the marking form. This gave Capita problems in giving candidates accurate feedback as to why they were not appointed. There was reluctance by some Board Chairmen to say whether a candidate was suitable or not for appointment. There were 20 examples over several boards of inappropriate questioning - some interviewees complained about the way they were interviewed. They felt that the style was abrupt and insensitive and the individuals lacked proper interviewing skills. There were 3 formal appeals, 2 were successfully interviewed. 28. It is worth noting for the next exercise that this task was significant in that spreadsheets had to be set up for each location, with second choices built is as appropriate. It took 16 days. POST INTERVIEW/APPOINTMENT 29. The Department should identify what statistics are needed in advance, so that the information can be captured electronically. 30. Time needs to be built into the process to allow all references to come in before recommendations go to Ministers and the subsequent appointments are made. 31. Time also needs to be built in to allow appeals against non-selection [inevitable and some will be justified] before the induction training takes place. This time there were 3 appeals, two were offered a second interview and both were successful. Lyndon Edwards DTI/ER March 2003

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Employment Tribunals: Lay Member Recruitment Exercise 2002 EVALUATION: Develop clear, comprehensive and relevant job criteria, and agree them with the DTI officials. Capita took the lead in developing and updating the competency profile that underpinned the recruitment exercise and facilitated in the self-assessment of candidate competencies and the subsequent sifting and interviewing process. Core competencies were weighted to ensure fairness throughout all stages. Representatives of the DTI and the Employment Tribunals in England and Wales and Scotland assisted Capita. CETMA also made an input. The process took the form of initial briefing sessions in Leeds and Glasgow followed up by the circulation of drafts between Capita, DTI, the Presidents and CETMA until a final version was put to Ministers for approval. The approach worked well and ensured ownership of the exercise from the outset. Recommendations 1. The competency framework is good and, unless there are significant changes to the post requirements, should be suitable for future recruitment exercises. However, the need for Welsh speakers and Section 22(1) of the Welsh Language Act 1993 will need to be considered. And the weighting of competencies at interview stage needs more work. 2. Interview Panel members should be invited to give their views on the weighting used on the interview forms. Produce an information pack and suitable recruitment literature for the posts, and an application form. Capita led assisted by DTI, the Presidents and CETMA on content. Quality, innovative application packs were devised. The shape and style allowed for the application packs to be put through even the smallest size of letterbox (a requirement identified from the previous campaign). The style of the application packs was eye-catching and professional.

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The competency framework was sound and the supporting competency examples helped dictate the overall quality of candidate responses to competency based questions. A specific criterion on Valuing Diversity was introduced for the first time to test candidates’ awareness/understanding. Relevant case studies were used to demonstrate the skills and qualities required and the opportunities offered by taking on the role. CETMA led on identifying “profile” lay members to be included in the pack. Arrangements were made for the application packs to be prepared in special needs format including Braille, audiocassette and large print. No requests for audiocassette or Braille were received on this occasion. The application form worked very well but could be improved. Recommendations 3. It is suggested that – for contact reasons – candidates are also asked to disclose their work telephone number and e-mail address on the form. 4. The application pack indicated which Tribunals had vacancies but did not specify how many or which panel. Next time we should be more up front. 5. The way some candidates’ described their experience did not always match the panel applied for. Next time a question should be asked requesting them to explain their option. 6. For practical reasons candidates were asked to make a second choice in location, some then presumed they would be given equal consideration for both locations. While it worked well knowing the candidates second choice of location, it is suggested that candidates are made fully aware that they will be considered for their first choice, the second only being used should there be insufficient candidates in that location. 7. Candidates were asked whether or not they were Freemasons (in preparation for the proposed database due to be established by the Lord Chancellor’s Department on public appointees who are freemasons). This caused some concern and debate across the range of officials, Ministers, Parliament. The answer is not needed until the appointment is made but administratively it is easier to ask at the outset. However, given the concerns it caused and the resource costs in handling, it is suggested it is asked after appointment rather than on the application form in the future.

8. Candidates should be asked to confirm that they can be released from their employment for Lay Member duties. Some candidates had not advised their employers that they had applied fo r appointment as a Lay Member and

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there were a few subsequent problems with references and employers permission to release the person. 9. While the Valuing Diversity criterion worked in most cases, the explanation offered in the background papers needs to be clarified. 10. Applicants for England and Wales were offered a choice of induction training dates and asked to select their preference. This turned out to be a waste of time as the dates changed. It would have been better not to ask. Draw up, and agree the text of the Advertisements and place them in the appropriate media, including those commonly accessed by women, ethnic minorities, and other ethnic groups Capita prepared design artwork. The advertising style selected was simple and effective. The media chosen was as follows: Aberdeen Press Birmingham Evening Mail Bedfordshire on Sunday Disability Now Ethnic Media Group (4 ethnic newspapers) East Midlands Triangle Guardian Justdosomething,com Liverpool Echo Manchester Evening News People Management Reading Evening Post Scotsman Sunday Times The Scottish Herald Western Mail Watford Observer Yorkshire Post Other local media picked up on the campaign and ran articles which resulted in applications from these locations Effectiveness – see attached Media Report There were isolated pockets where the candidate response was not as strong as in other regions. The northern reaches of Scotland were inadequately covered, especially Dundee and Inverness.

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Recommendations 11. More English and Scottish regional advertising should also be considered on the next occasion, especially in East Anglia, Cumbria, the North East and Dundee. 12. Employer and Employee organisations should be provided with advertising material for their “in-house” periodicals, as could Chambers of Commerce. Use of Websites Hot- linked the micro-site to the DTI website so that candidates browsing the DTI website were transferred directly to the micro-site and the Capita RAS site for downloading application forms. Very useful and effective Diversity The DTI’s Public Appointment’s Unit briefed Capita on the Government targets. Capita raised the profile of the appointments by writing to women’s’, disabled and ethnic groups, including the sending of posters to appropriate organisations. The ethnic and disabled specialist press were used. The application process was competency led and ensured that there was a level playing field for all candidates. Effectiveness The process was successful in meeting Government targets: Applications Received Candidates Interviewed Candidates Selected Total 4451 Total 592 Total 240 45% women 40% women 44% women 4.6% disabled 5.7% disabled 6% disabled 6.8 % ethnic 7.9% ethnic 7% ethnic 2.5% nominees 14.7% nominees * 15% nominees * nominees were automatically given a maximum score for workplace experience this, combined with the positive steps taken by the TUC, is reflected here. Recommendation 13. Despite meeting these targets more needs to be done. It is not realistic to rely on the promotional campaign for a recruitment exercise to

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increase diversity amongst lay members: there remains a need for more pro-active work over a prolonged period. 14. The respective Presidents should consider meeting and briefing employer/employee organisations on the role and importance of lay members. In addition they should target community groups etc. This should be done at a national and regional level. Regional Chairmen could also play a part, as could CETMA. Involvement of employee and employer organisations “nominating bodies” and DTI “interest list” DTI consulted on the nomination system in 1999. In this round the DTI wrote to relevant organisations at 2 stages appendix B: to notify them that the exercise was about to begin; to update on progress and encourage them to promote the exercise amongst their membership; and finally referring them to the micro-site and inviting them to make nominations. Those organisations that offered nominees were written to a third time on the outcome of the exercise. These nominees were automatically allocated a full marking for the “work experience” criterion. However, this marking did not come into play until the sift process – the independent assessors were unaware of the status of nominees to ensure they applied the same standards to all applicants. The DTI participated in 2 seminars held by the TUC for potential applicants and at the MPA. This involvement was welcomed and proved useful. Nominees’ applications Nominees’ interviewed Nominees’ selected Total 110 Total 87 Total 36 44% employers 24% employers 19.5% employers 56% employees 76% employees 80.5%employees

The nominating bodies indicated support for 165 but only 110 actually applied.

Capita RAS sent applications to those individuals as advised by the DTI who had expressed a previous interest in joining the tribunals – there were around one thousand. Recommendations 15. The legislative requirements are not wholly compatible with an open recruitment exercise. However in practice seeking nominations works fairly well and ensures that such applicants have practical experience of employment relations in the workplace. This is an essential requirement. 16. It is worthwhile working with employer and employee organisations but in a more proactive way – the TUC seminars offer a good example.

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APPLICATION HANDLING Issue information packs within 24 hours of receiving request To ensure that Capita did not have to go to ‘reprint’, which would have resulted in delays in the dispatch of application packs, the initial print run was for 15,000 packs. Nearly 10,000 application packs were distributed by first-class post. Approximately 2,000 applications were completed on-line and a further 9,000 application packs were downloaded from the Capita website. All requests for application packs were responded to within the 24-hour period. For the week after the advertisements appeared the contact call-centre had 30 people handling the telephone response. The application packs only displayed the Capita RAS contact name in it. This ensured that the Department was not troubled by enquiries. Application forms were simplified as far as possible, but the competencies had to be included to ensure that the most suitable candidates were selected. CV’s were discouraged. The 5-week closing date worked well. The process worked well. Recommendations 17. On-line applications were a problem and are likely to cost more in a future exercise. Capita initially underestimated the technical support candidates needed to complete on-line application forms. In other schemes handled most on-line ‘younger’ people who were computer literate completed applications. In this instance many of the users were elderly and needed considerable technical support. Capita responded by opening up the technical support hot line until 9 pm (rather than 6 pm). 18. A firm line was taken on late applications - there were a few, but all had received their application packs at least a week before the closing date, and had no excuse for sending their applications in late. Handling applications, including arrangements for receiving responses in electronic form Upon receipt applications were electronically scanned and captured directly on to a dedicated database.

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The Department were advised regularly as to the number of applications received. All candidate data was captured within one day of receipt of applications. Worth noting for the next exercise is that over 1,000 applications were received in the last two days before the closing date. Capita RAS staff worked until late to ensure that all applications were processed and the information captured. Send acknowledgement letters to all candidates All candidates requesting acknowledgement of the safe receipt of their applications were sent an acknowledgement card. All on-line applications were sent electronic acknowledgement e-mail together with a copy of their application. The day after the closing date Capita had over 500 telephone calls from candidates asking if their application had been received on time.

SIFTING PROCESS Conduct an initial sift in a fair and open manner Capita RAS appointed a team of eight independent assessors to sift the applications. The Capita RAS Psychologist prepared the entire framework for the sifting process. It worked well with sufficient markings allowed to ensure that differentials were achieved. Given the number of applications involved it is difficult to envisage a fairer system. An entire day was spent in benchmarking the applications at the outset to ensure commonality in marking standards. It considerably assisted the Independent Assessors to have not only the DTI Project Managers in attendance on the benchmarking day, but also a Tribunal Chairman. The Capita RAS Project Managers, the DTI and Tribunal Chairmen conducted quality control checks on the work of the Independent Assessors. All applications were initially assessed for eligibility before considering suitability.

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The Eligibility Criteria were – • Date of Birth (after 25.10.1939); • Able to allocate between 16-19 days a year; • Lived within travelling distance of their selected Tribunal; • Had eligibility to live and work in the UK; • Had experience of employment practices in the past 5 years.

The Sift Criteria were –

• Extent of Relevant Experience (20 marks) • Analytical Thinking (10 marks) • Judgement (10 marks) • Team-working (10 marks) • Valuing Diversity (5marks) • Commitment (5 marks)

NOTE: There was an alteration in the age range by the Lord Chancellors Dept after the scheme had started which caused some confusion i.e. the retirement age was raised from 65 (used for this exercise) to 70, thereby excluding potential applicants. Hopefully this will not happen again. Recommendations 19. The Department were keen to appoint Employment Relations practitioners as lay members. Initially there were some discrepancies in the markings of the Independent Assessors when marking those candidates who had moved into consultancy a few years previously. It would have helped if there had been a ‘rule’ for pre-sifting applications from consultants to ensure that recent “hands-on” experience was assessed. Such a rule would be applicable in other instances e.g. where an applicant had recently moved jobs to areas where the necessary skills were no longer used but were still up to date. 20. It would be helpful if more Employment Tribunal Chairmen could be involved in the sifting process. This will help to validate the marking of the Independent Assessors. 21. A number of candidates had difficulty with the ‘Valuing Diversity’ question. Some candidates confused it with ‘product diversity’. Some allowances were made in the marking structure as a result. Clearer guidance needs to be given to candidates on next occasion. Formal sift meeting with the DTI project managers and ERAP Prior to this meeting those candidates who had been nominated by ‘Nominating Bodies’ were automatically given the maximum marks of 20 for ‘Extent of Relevant Experience’. The sift panel made the final decision as to whom were called for interview.

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They did not check every pre-assessment mark but concentrated on those who received borderline marks and who had been recommended by ‘nominating bodies’. The numbers selected for interview was usually on a 2.5:1 ratio, 3:1 where only a few appointments existed. The sift panel agreed with the vast majority of marks. Recommendation 22. It is suggested that, prior to the formal sift meeting, the names of all candidates who have applied are sent to the appointing department as part of the quality assurance checks. Advise candidates of the outcome of their application Suitably worded rejection letters were sent to candidates who did not progress beyond the sift stage. The letters were electronically generated, and sent within two working of the decision. The Department prepared the wording of the letters. The letter advised candidates that feedback would not be given. Large numbers of candidates who had been advised that they had been unsuccessful either telephoned or wrote in for formal feedback, despite being advised that no feedback would be provided. The “turn down” letters generated a large number of queries for which Capita was not prepared. Most were responded to quickly, but there were a significant number were not adequately dealt with. Several of these people subsequently made formal complaints to the DTI. This could have been avoided. Whilst there was confusion as to whether feedback should be provided, the problems could have been avoided by prompter action by Capita in escalating the matter to the DTI for their consideration. Recommendation 23. It is suggested that next time all “turn down” letters sent out by the recruiting agency explain the selection process in detail and let the candidate know where [s]he stood in relation to other applicants for the location considered. This would be in line with current good practice. Subsequent contact from the candidate should be escalated to the appointing department immediately

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INTERVIEW PROCESS Interview panels The panels were Chaired by an ET Chairmen with two side members: a DTI representative and [for the first time] an existing Employment Tribunal lay member. In England and Wales the President trawled part-time Chairmen to volunteer for the role; in Scotland, the President took a more proactive approach in identifying Chairmen. The DTI people used were recently retired Range 10s. The majority of lay members were identified by CETMA who had identified a pool experienced in interviewing and diversely representative - though two others (one was a non-CETMA member) made a case for sitting on the interview panel. CETMA were unhappy with this decision taken by the DTI’s Project Manager. CETMA’s nominees were matched against interview centres. We were oversubscribed with Employment Tribunal Chairmen and lay members making selection a problem. This was significantly so in the case of lay members. Capita had been provided with the contact details of a large number of people. All were expecting to be involved - in fact many said they had been promised the work. In reality, only a limited number of CETMA side members were needed. This upset those who had ‘set the time aside’ to be involved. Things were made worse by confused communication between Capita and lay members who could not be used. Capita selected those lay members who were to be used on the understanding that all were qualified. The driving force was to offer consistency to candidates’ and the process. And to avoid a “male, pale and stale” image at the interview stage. CETMA’s nominees could certainly have made this possible. Recommendation 24. It is suggested that more work needs to be done with interview panels and at an earlier stage. The structure used this time worked and should be kept but:

• both Presidents need to be proactive in identifying Chairmen; • the possibility of using a mix of working civil servants rather than only

retired ones should be explored. With training at an earlier stage and more detailed;

• CETMA’s framework for identifying lay members was good. Appendix A. For obvious reasons they covered their own membership, which represents 52% of lay members, though this varies regionally (in Scotland 72 % of the lay members are represented). Nevertheless what about those remaining lay members? Is it right to exclude them

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from contributing to the selection process? These are questions that need to be addressed before the next round.

• CETMA’s framework should be a basis for selecting all interviewers.

• Next time round interview dates and venues should be fixed at the start

of the exercise and included in the application pack. Arrange the interviews for short-listed candidates, including preparation and distribution of papers and score sheets to all parties in good time Interviews were arranged in 9 prime locations identified by the DTI throughout the country – in Scotland Employment Tribunals offices were used. Too much emphasis was placed on meeting interviewee needs which proved to be an administrative headache. If Recommendation 22 is accepted this will be avoided next time. Capita RAS arranged the final interviews with the final selection boards at the agreed locations throughout the UK.

Candidates were not paid travel expenses.

The Interview Board papers were prepared and distributed in good time – though there were teething problems in the first interviews in Glasgow and Birmingham. Candidates were fully advised as to the nature of the interview / assessment process and were provided with full documentation, including a location map. The process worked exceptionally well. Arrange for the training of the Interview Board members All those who were to be involved in the interviewing process were given a days training. The quality of training (including training material) was very good. But it was based on an assumption of trainees interview experience and knowledge. More practical work was needed. There was poor communication between the Capita’s administrators and their trainers, which led to the DTI not being able to attend the training given in Scotland and not having the opportunity to see the training material in time to comment (this led to some confusion over interview panel’s role – fortunately before the interviews took place). The original training date was too optimistic both in terms of timing and number of days required. This caused problems. Not enough notice was given to those attending the training and dates kept on changing at short notice.

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Recommendation 25. The administration was too rushed and inadequate. Training needs should be addressed earlier in a future exercise, enabling the training to be better targeted at the needs of trainees.

26. There should be closer involvement between the appointing department and a recruitment company’s trainers in future – this time it was through Capita’s project manager. 27. More attention also needs to be given on conducting interviews. Most Board Chairman did not put any summary comments on the marking form. This gave Capita problems in giving candidates accurate feedback as to why they were not appointed. Some Board Chairmen were reluctant to say whether a candidate was suitable or not for appointment. There were around 20 examples over several boards of inappropriate questioning - some interviewees complained about the way they were interviewed. They felt that the style was abrupt and insensitive and the individuals lacked proper interviewing skills. There were 3 formal appeals, 2 were successfully interviewed. Selection of those to be recommended for appointment Following the interview boards, Capita met with the DTI Project Managers to identify those who were to be appointed and those who were unsuccessful. There were a significant number of candidates who had “passed” but were not needed, so a reserve list was established and forwarded to the DTI’s Public Appointments Unit. Spreadsheets were set up for each of the locations and the DTI Project Managers made the final decisions as to who were to be recommended for appointment. In most instances the appointments were made purely on the interview board recommendations. Appointees were selected according to the candidate’s first choice. The only exceptions to this were in a couple of ‘shortage’ areas, where candidates were selected for their second choice. Final lists were then provided to the Department The process worked very well. Recommendation 28. It is worth noting for the next exercise that this task was significant in that spreadsheets had to be set up for each location, with second choices built is as appropriate. It took 16 days.

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POST INTERVIEW/APPOINTMENT Capita wrote to all candidates who had been unsuccessful at the interview stage. Candidates were informed that no detailed feedback could be provided. However 35% of the total number interviewed phoned / wrote requesting feedback, with 5 formal appeals. 139 candidates were given detailed feedback within 5 working days of their enquiry. Capita worked on two weekends to ensure that this service was provided. All those offered an appointment were contacted by phone, by Capita. The successful applicants were asked to confirm their availability (asked for on application form) for the Employment Tribunals’ induction training dates. Personal references were taken up on all those recommended for appointment. DTI officials considered these appeals and rejected one. The remaining 4 were offered interviews but only 3 eventually took up the offer. The process was complicated by the fact that the need to tie in the interviews with the induction training process which had already begun. Of the 3 interviewed, 2 were successful. The Department requested a large number of post-scheme analyses, some which involved manually checking each application. The process worked well though there were problems with the timing of appeal interviews. Recommendations 29. The Department should identify what statistics are needed in advance, so that the information can be captured electronically. 30. Time needs to be built into the process to allow all references to come in before recommendations go to Ministers and the subsequent appointments are made. 31. Time also needs to be built in to allow appeals against non-selection [inevitable and some will be justified] before the induction training takes place. This time there were 3 appeals, two were offered a second interview and both were successful. Lyndon Edwards DTI/ER March 2003

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APPENDIX A

Council of EmploymentTribunal Members’AssociationsC E T M A

2002 Appointment of new Lay Members

Selection criteria for Lay Member Interviewers. Name Address Telephone Fax Mobile Email Gender Age Ethnic Group Employer/Employee Panel? Number of years as Lay Member Sitting Centre Please provide brief details of your involvement in interviewing applicants. Please provide brief details of your involvement in equal opportunity/diversity issues Dates available for interview boards/training Are you available at short notice to provide cover for emergencies amongst interviewers?

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APPENDIX B SUBMISSION DATED 2 OCTOBER: EMPLOYMENT TRIBUNALS - APPOINTMENT OF NEW LAY MEMBERS – Bodies consulted on exercise

Institute OF Directors Equal Opportunities Commission National Council of Women GB Engineering Employers Federation Forum of Private Business Institute of Personnel and Development Women’s National Commission General Federation of Trade Unions Royal Association for Disability and Rehabilitation Trade Union Congress Commission for Racial Equality Employers Organisation Federation of Small Business British Chambers of Commerce Confederation of British Industry Employers Forum on Disability Union of Independent Companies Disability Rights Commission Federation of Small Businesses Cardiff Chamber of Commerce CBI Cymru Wales The Export Association Federation of Small Businesses IoD Wales Wales TUC Cymru

Disability Rights Commission EOC Wales Commission for Racial Equality Edinburgh Chambers of Commerce Glasgow Chambers of Commerce Commission for Racial Equality Equal Opportunities Commission Scottish TUC Scottish Federation of Small Business Scottish Disability Rights Commission Institute of Directors - Scotland Association of Independent Businesses Employers Forum on Disability Association of Teachers and Lecturers National League of the Blind and Disabled NHS Management Executive Royal College of Midwives Local Government Management Board Convention of Scottish Local Authorities British Retail Consortium Managerial & Professional Staff Association Royal College of Nursing

Above organisations were approached twice - I) exercise was beginning and II) notified of criteria, contact details etc encouraged to promote and invited to submit nominations. Those bold/underlined made nominations and were informed of the outcome at interview stage and will informed of interview outcome