Health and Safety Appeal Tribunal: Appointments: Remuneration rates

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A decision made on 27 August 2019

Decision Reference: MD-S-2019-0058

Decision Summary Title :

Remuneration of Health and Safety at Work Appeal Tribunal members

Date of Decision Summary:

15 August 2019

Decision Summary Author:

Head of Risk and Compliance

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Remuneration for Health and Safety Appeal Tribunal Appointments

Date of Written Report:

15 August 2019

Written Report Author:

Head of Risk and Compliance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Remuneration rates for Health and Safety Appeal Tribunal Appointments

Decision(s):

The Minister agreed to the recommended rates of remuneration for the Health and Safety Appeal Tribunal Members

Reason(s) for Decision:

Remuneration for the positions of Chairman and Deputy Chairman, who must be an Advocate or Solicitor of the Royal Court of not less than 7 years standing, is considered appropriate in view of the difficulties in attracting eligible candidates. In accordance with other Social Security Tribunals some level of remuneration is also considered appropriate for all Tribunal members who give their time to sit and hear an appeal

Resource Implications:

There are no manpower implications. The maximum cost of the Tribunal being constituted and convened to hear an appeal is estimated to be £850, and can be met from existing budgets

Action required:

The Head of Risk and Compliance to ensure that procedures are in place to provide the appropriate remuneration to Tribunal members

Signature:

Position:

Chief Minister

(signed in absence of Minister for

Social Security)

Date Signed:

Date of Decision (If different from Date Signed):

Health and Safety Appeal Tribunal: Appointments: Remuneration rates

Consideration of remuneration for Health and Safety Appeal Tribunal

INTRODUCTION

The Health and Safety Appeal Tribunal sits to hear appeals against Prohibition and Improvement Notices issued by Health and Safety Inspectors, and to determine appeals against decisions made by the Minister for Social Security on matters relating to licences issued under Regulations made under the Health and Safety at Work (Jersey) Law 1989

The Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations, 1989, set out the arrangements for the Tribunal, which consists of 4 members: a chairman and deputy chairman who must both be advocates or solicitors of the Royal Court of at least 7 years standing, and two other members.

Regulation 6 of the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations, 1989 provides for Tribunal members to be paid such salaries, allowances and expenses as the Minister may determine.

To assist with recruitment to the positions of chairman and deputy chairman that are typically very difficult to recruit to, it is considered reasonable to provide some remuneration to such appointees in the form of an annual retainer.

To provide consistency with remuneration provided to other Social Security Tribunals, and recognise all members who give their time in the event of the Tribunal being convened to hear an appeal, it is also considered reasonable to provide remuneration in the form of a daily rate should they sit.

LEVELS OF REMUNERATION

To hear an appeal, the Tribunal must constitute as follows:

(a) The chairman, or deputy chairman and 2 other members;

(b) The chairman and deputy chairman and one other member; or,

Having had regard to the levels of remuneration provided to other Tribunals, including the Social Security Tribunals, Planning Tribunal and Mental Health Tribunal the proposed rates are set out below

Position

Annual Retainer

Remuneration daily rate

Legal Chair

£350

£300

Legal Deputy Chair

£250

£300

Member

£100

FINANCIAL IMPLICATIONS

There have only been 3 appeals heard by the Tribunal since 1989; 2 in 2007 and 1 in 2013. All were heard within half a day.

The numbers of legal enforcement Notices served in 2017 – 2019 (1 January – 15 August) are provided below to illustrate the typical level of Notices served in recent years, all of which were subject to the right of appeal (but never exercised).

	No. Improvement Notices served	No. Prohibition Notices served
2017	10	22
2018	18	25
2019 (01/01/19 – 15/08/19)	10	22

Whilst there is always the potential for an appeal to be lodged there is no reason to believe that the numbers will suddenly increase such that the anticipated financial burden will become significant.

In addition to the annual retainer, the cost to constitute a Tribunal for one day would currently be £550 (Chair daily rate £300 + 2 members £100 each), plus the annual retainer. These costs would be met within existing budgets.

MANPOWER IMPLICATIONS

There are no manpower implications.

RECOMMENDATION

It is recommended that the Minister agree the proposed rates of remuneration for Tribunal members

Head of Risk and Compliance