Spotlight on Tribunals
Despite tribunals playing a hugely important role in the justice system, a lot of people don't know much about them, or hold misconceptions about them and the work they do.
To shed some more light on the vital work tribunals do, we spoke to two tribunal judges and two non-legal tribunal members, who gave us an insight into their ‘eventful’, ‘surprising’ and ‘fascinating’ work.
Tribunals are specialist judicial bodies that decide disputes in particular areas of law. In England and Wales, these are: The Upper Tribunal, the First-tier Tribunal, Employment Tribunals and the Employment Appeal Tribunal. The Upper Tribunal and First-tier Tribunal are divided into chambers that focus on different areas of law. These chambers cover a vast range of subject matter, including Tax and Chancery, Immigration and Asylum, Social Entitlement, and Property, among others. Between the Upper Tribunal and First-tier Tribunal, there are a total of 11 chambers. There are also independent tribunals which sit in Wales.
Alongside tribunal judges, tribunals rely on non-legal members appointed for their specialist expertise. These members may be doctors, accountants, surveyors, or individuals with particular experience in areas such as disability or the armed services. Non-legal tribunal members play a vital role, providing invaluable knowledge and experience to inform the decision-making process.
Both tribunal judges and non-legal members are appointed solely on merit through our selection process.
Varied backgrounds
Just like court judges, tribunal judges are all highly qualified legal professionals. However, no two judges are the same, and their career journeys can look very different.
Tribunal Judge Thomas Barrett, a Fee-paid Judge in the First-tier Tribunal’s General Regulatory Chamber (GRC), describes his professional background as “weird and wonderful”.
“After the Bar course, I struggled to find pupillage, so I spent a year volunteering and doing paid work for a non-governmental organisation advising on UK and EU rights. I then completed an international master’s degree, worked as a magistrates’ court clerk, spent time as an intern in the Foreign, Commonwealth and Development Office’s Human Rights team and, on my final attempt, secured pupillage at Doughty Street. I later worked for 18 years at the Government Legal Department before returning to private practice and becoming a Partner.”
Tribunal Judge Catherine Harris – a Salaried Judge in the First-tier Tribunal GRC and the Heath, Education and Social Care Chamber, who also sits as a Deputy District Judge – came from a solicitor-advocate background.
“Before becoming a full-time judge, I worked in-house at the Financial Conduct Authority for more than 20 years, specialising in regulatory enforcement and litigation.”
Non-legal members come from an even wider range of careers.
Tribunal Member Richard Fry, a non-legal member in the Upper Tribunal Administrative Appeals Chamber, previously served in the Army before building a successful business career.
“After 15 years in the Royal Corps of Transport, I joined a family-owned haulage company with eight trucks. When it was sold 25 years later, I was Deputy Managing Director of a business with 100 trucks, 300 employees and extensive warehousing operations.
“In 2013, I became the youngest National Chairman of the Road Haulage Association and, in 2015, I set up my own consultancy helping operators remain legal, safe and efficient.”
Tribunal Member Peter Freeman – who sits in the Upper Tribunal Tax and Chancery, Chamber, the First-tier Tribunal GRC, and the First-tier Tribunal Social Entitlement Chamber – worked in financial services regulation and compliance since the 1980s before applying for a tribunal role.
No average day
Tribunal work is highly varied, with no typical days. Judge Barrett describes the role as “eventful, busy and difficult to predict”.
“Our chamber covers such a wide range of subjects that few cases are ever the same. One day may involve six back-to-back driving instructor appeals; another may focus entirely on a single Freedom of Information case involving 10,000 pages of pre-reading.”
Peter Freeman highlights the contrast between the different chambers he works across:
“Upper Tribunal cases can last several days or weeks and parties are typically represented. In Personal Independence Payment and other disability appeals, we may hear up to six cases a day. Appellants are rarely represented, so we review the evidence in advance, assist with fact-finding and undertake much of the questioning. Charity cases usually fall somewhere in between.”
Richard Fry stresses that that pre-reading and preparation work is vital.
“Once the bundles arrive, sometimes not leaving a lot of time until the sittings, I set aside a day to read and prep. The day begins with a pre-hearing meeting with the judge and fellow legal member. I have always found the judges to be respectful and supportive. Without a legal background, I sometimes ask what may seem a daft question, but I’ve never been spoken down to.”
Facing challenges
Like any judicial role, tribunal work can be demanding.
Judge Harris talks about the importance of being able to adapt and deal with people from very different backgrounds.
“I deal with everyone from KCs to litigants in person. They all bring different challenges. Learning to adapt instantly to unexpected situations is a skill that develops with experience.”
Peter Freeman agrees.
“In the Social Entitlement Chamber, hearings can be extremely stressful for appellants, so tact and empathy are important. In every case, a good understanding of the realities of everyday life is invaluable.”
For Judge Barrett, one of the greatest challenges is the breadth of work.
“Keeping on top of everything is difficult. It’s the flip side of having such a wide range of cases and subject areas. It can be hard to develop rhythm and confidence when you sit infrequently and rarely hear the same type of case twice.”
Richard Fry points to some of the practical challenges, including adapting to fully digital working and learning unfamiliar legal terminology.
A rewarding role
For Tribunal member Peter Freeman, the hearings themselves are the highlight of tribunal work.
“They are where you actively do the job and can really contribute your understanding of the issues and practical realities involved.”
Judge Harris particularly enjoys the intellectual challenge.
“I’m never happier than with my head in a book of regulations. I enjoy analysing new appeal rights, writing decisions that will be scrutinised and getting to grips with unfamiliar topics. We see fascinating parts of society, from government policy to driving instructors and even ham-curing methods.”
For Judge Barrett, the most rewarding moments are when people feel they have been treated fairly, regardless of the outcome.
“It’s when someone loses their case but leaves satisfied that they were listened to and treated fairly. To me, that is the greatest achievement we can hope for in this role.”
Richard Fry agrees that contributing specialist knowledge and helping ensure fair outcomes is a really satisfying aspect of this work.
Myth-busting
People often assume, that the cases heard by tribunals are less important and not as challenging as those heard by courts. There are also assumptions that court judges are more experienced than tribunal judges. These are just some examples of misconceptions faced by judicial role holders in tribunals, which they discussed with us.
Tribunal member Peter Freeman notes that many people make assumptions about his background.
“I’m often asked whether I’m a lawyer, judge or accountant. My first degree was in Agriculture, which tends to surprise people.”
Judge Barrett believes the significance of tribunal work is often underestimated.
“We are not pseudo-judges and tribunals are not a judicial training ground for simple or unimportant cases. We deal with highly sensitive and important issues that affect people’s lives. Many do not realise the complexity and significance of the work involved.”
Judge Harris, who has sat in both courts and tribunals, shares that view.
“Some people see tribunals as less important or exciting than the courts. In reality, both are equally important and offer rewarding opportunities to use legal expertise and life experience, albeit in different ways.”
Thinking of applying?
For those considering a tribunal role, Judge Barrett has some simple advice:
“Take time to understand what we do and how we do it. If it appeals to you, apply. Don’t let assumptions persuade you that you’re not suitable.”
Richard Fry encourages potential applicants to think carefully about the time commitment involved.
“In my experience, I wouldn’t have been able to dedicate the necessary time while working full-time. Consider whether you’re at a stage in your career where you can delegate and make the time commitment.”
Peter Freeman encourages people who want to give something back.
“Be prepared to be surprised, intellectually challenged and to work alongside an incredibly professional and motivated team.”
Judge Harris has a straightforward message for candidates thinking about tribunal work:
“Do it. And keep trying until you get through.”
Interested in applying for a legal or non-legal tribunal role? You can learn more by observing a hearing, which you can arrange by contacting the relevant tribunal or chamber.
You can view current and upcoming vacancies, and sign up to our email newsletter, Judging Your Future, to stay up to date with the latest opportunities.