IMMIGRATION AND ASYLUM CHAMBER
OUTLINE CONDITIONS OF APPOINTMENT AND TERMS OF SERVICE
The following is a summary of the basic terms and conditions of service. The terms and conditions are correct as at the date given at the end of this document, but may in some circumstances be subject to change. Fuller details, including the conditions of appointment, will be supplied to candidates who are offered appointment.
- PROHIBITION ON PRACTICE
A Judge of the Immigration and Asylum Chamber shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s.75 Courts and Legal Services Act 1990). The Lord Chancellor also regards a judicial office as a lifetime appointment. Any offer of appointment is therefore made on the understanding that appointees will not return to practice.
Under the provisions of the Judicial Pensions and Retirement Act 1993, a Judge will normally be required to vacate his or her office on his or her 70th birthday (s.26 of the 1993 Act). A salaried judicial office holder who was appointed prior to the commencement of the Judicial Pensions and Retirement Act 1993 (31 March 1995) will retain the compulsory retirement date applicable to him or to her in the former office. The Lord Chancellor may remove a Judge on the grounds of incapacity or misbehaviour. Any such removal requires the concurrence of the Lord Chief Justice. A Judge may resign his or her office at any time by notice in writing to the Lord Chancellor.
- INCOME TAX AND NATIONAL INSURANCE
Income Tax, which is payable under Schedule E, is deducted at source in accordance with PAYE arrangements. A Judge is classed as an "employed earner" for National Insurance purposes and is liable for Class 1 contributions, which are deducted from their salary together with income tax. Since the judicial pension scheme has been contracted-out of the State Earnings-Related Pension Scheme, contributions are payable at the lower contracted-out rate. Liability for National Insurance contributions ceases at state retirement age even if service continues thereafter.
- PENSION TERMS
It should be noted that successful candidates will have the option of joining either a final salary judicial pension scheme, non-registered for tax purposes, or a career average judicial pension scheme which is registered for tax purposes. The applicable scheme is determined by eligibility criteria and further details will be provided to individual candidates shortly after offer letters are issued.
6. SITTING REQUIREMENTS
An Immigration and Asylum Chamber Judge is entitled to 30 days annual holiday a year, together with the public and privilege holidays.
- SICK LEAVE
An Immigration and Asylum Chamber Judge is required to notify the President of any absence through sickness, so that all the necessary arrangements can be made for their sittings, by the appointment of deputies or otherwise. They should also keep the President informed of the likely length of a sick absence. Although there is nothing specifically laid down in regard to sick leave, the practice is to apply the same conditions as for civil servants. Broadly speaking, these provide that a Judge may receive 6 months' sick leave on full pay during any period of 12 months, and thereafter sick leave on half pay, subject to a maximum of 12 months sick leave in any period of 4 years or less, provided there is a reasonable prospect of an eventual return to duty.
An Immigration and Asylum Chamber Judge must live within reasonable travelling distance of the venues at which he or she sits.
- TRAVELLING ETC ALLOWANCES
Travelling expenses and in certain circumstances night subsistence allowances may be payable in connection with sittings, attendance at training courses, etc. Details of the rules governing the payment of these allowances will be supplied by the staff of the Tribunal. The rules governing and rate of these allowances may change from time to time, and any such changes will be communicated. HM Revenue and Customs tax rules governing the tax treatment, and rates, of these allowances may also change and any such changes will be communicated to office holders.
- COST OF TAKING UP APPOINTMENT
No assistance is available from public funds towards any costs incurred (e.g. through a move of house) on appointment as a salaried Judge. Exceptionally, however, a serving judicial office-holder is entitled to relocation expenses if, as a result of that appointment, removal of home becomes necessary.
- OUTSIDE ACTIVITIES AND INTERESTS
A Judge should not in any capacity engage in any activity which might undermine, or be reasonably thought to undermine, his or her judicial independence or impartiality. He or she must expect to forgo any kind of political activity and be on their guard against circumstances arising in which their involvement in any outside activity might be seen to cast doubt on their judicial impartiality or conflict with their judicial office. A person holding a commercial company directorship is expected to relinquish this on appointment to salaried judicial office. A Judge is also expected to submit his or her resignation to the Lord Chancellor in the event of a nomination or adoption as a prospective candidate for election to Parliament, or to the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly or the European Parliament.
- MATERNITY, PATERNITY AND ADOPTION LEAVE
Judicial office holders are entitled to maternity, paternity and adoption leave. Details of the operation of these entitlements will be provided to office holders as appropriate.