Job info	Job info details
Job title	Senior Lawyer (Contracts and Commercial)
Strategic team/Directorate	Corporate Services
Service	Legal Services
Business unit	Legal Services
Responsible to (day to day issues)	Senior Solicitor
Accountable to (line manager)	Senior Solicitor / Team Leader (Licensing, Litigation and Insurance Team)
Salary grade	K
JE ref	LEG30F

1. Key purpose of job

• To provide specialist legal advice, representation and assistance to the Council, its wholly owned companies and key delivery partners in relation to commercial, procurement, and contractual matters. 

2. Anticipated outcomes of post

• The delivery of high quality efficient and effective legal advice and services to the highest standards of professional conduct and ethics, in a way that furthers and promotes good customer care within Legal Services.
• To undertake all legal work as required, with minimal supervision and professional support.

3. List key duties and accountabilities of the post

• As an Employee of Torbay Council all roles are expected to work in a way that ensures vulnerable children and adults are safeguarded and report any safeguarding concerns in accordance with established policies and procedures. The Designated Senior Lead for Safeguarding is the Chief Executive and Director of Children’s Services.
• To undertake case work and provide timely advice within the specialist areas of commercial law, including:
  • Commercial contracts, including services, supplies and ICT;
  • Construction contracts, including NEC and JCT;
  • Framework agreements;
  • Partnership agreements and joint ventures;
  • Public procurement;
  • Public subsidy;
  • Corporate projects;
  • Grant funding agreements. 
• To provide legal advice on commercial matters in relation to major procurement projects and matters of corporate priority,
• To be responsible for drafting, reviewing, and negotiating terms and conditions for commercial contracts and framework agreements relating to goods, services, and works contracts.
• To review and provide advice on grant terms for grant applications supplied by central government and other funding bodies and to draft and negotiate grant conditions for grant funding being provided by the Council to third parties.
• To work closely with the Procurement, Contract Management and Commissioning Team to ensure transparent and effective contracts are let and provide advice on legal and policy matters relating to individual procurement processes including legal challenges and complaints.
• To provide support, management, and legal advice in respect of complex outsourcing, insourcing, joint ventures, shared services, and Teckal arrangements.
• To formulate creative solutions in relation to commercial legal matters which meet the Council needs whilst also taking into account relevant legislation, guidance and local or national policy. 
• To undertake research for client departments and provide practical, commercial, and timely advice, prioritising requests and managing conflicting deadlines to ensure Council priorities and any regulatory or statutory deadlines are met.
• To provide legal advice and services in relation to other areas of local government law, as required by the Team Leader or Head of Legal Services.
• To consider, prepare and conduct (including advocacy, if permissible) matters in the Magistrates’ Court, Crown Court, County Court and High Court and in all other tribunals or hearings of whatever description, on behalf of the Council.
• To attend quasi-judicial bodies as legal advisor, including Council Committee meetings. 
• To be knowledgeable and up to date on the law, practice, and current issues within the specialist areas of law upon which the post holder advises on and provide training on such as required to client departments. 

4. Budgetary/Financial Responsibilities of the post

• None.

5. Supervision/Line Management Responsibilities of the post

• The post-holder is required to provide informal support and supervision to junior members of the team and its Business Support Officers.
• The post holder will allocate work to junior members of the team and Business Support Officers; and assist the Senior Solicitor in quality assuring the work of these Officers. 

6. Working environment and conditions of the post

• The post holder operates in an environment governed by the need to meet deadlines (including those externally imposed) in a context of continually changing priorities and where the work is usually of a complex and/or sensitive nature. 
• The post holder is required to be able to travel to site visits, Court hearings and meetings.
• The post holder is likely to handle cases of a sensitive and emotive nature concerning matters which may have caused persons distress and upset.
• The post-holder may occasionally experience verbal abuse and aggression during the course of their duties. Policies are in place to mitigate the frequency and extent to which these will affect the post-holder. 

7. Physical demands of the post

• The post holder may occasionally be required to handle heavy documentation, e.g., deed parcels, Court bundles and public inquiry files offsite with appropriate manual handling equipment provided to enable safe working.
  
  

8. Specific resources used by the post

• The post holder will have access to a laptop computer and other agile working equipment.
• The post holder is required to ensure the security of confidential and sensitive information when transporting and using files and laptops when homeworking, travelling and working away from the office.

9. Key contacts and relationships

• External: 
  • Contact with service users, other local authorities, partners and external bodies, Government Departments, other professionals (legal and others), courts and tribunals, Council wholly owned companies, contracted suppliers and tenderers.
  • Contact with members of the public.
• Internal: 
  • Contact with officers at all levels within the Council. Frequent contacts with Senior Officers. Contact with Members on specific case matters, including giving advice on courses of action and their legal risks and ramifications.
  • The post holder will represent the Council and be responsible for influencing and negotiating with others on contentious matters in circumstances where the relationships between contacts and the matters in question will usually be complex and may involve difficult situations requiring tact and sensitivity.

10. Other duties

• To undertake additional duties as required, commensurate with the level of the job.

Other Information

• All staff must commit to the Workplace Equality, Diversity and Inclusion Practice and Policy.
• Torbay Council is committed to safeguarding and promoting the welfare of children and applicants must be willing to undergo the checks appropriate to the post applied for.
• The post holder is expected to work in a way that ensures vulnerable children and adults are safeguarded and report any safeguarding concerns in accordance with established policies and procedures. And are aware that the Chief Executive and the Director for Children’s Services are the Safeguarding Leads for the Council.
• The post is eligible for both hybrid and permanent home working.
• You will be asked to complete a Criminal Records Self Declaration Form. Criminal convictions will only be taken into account when they are relevant to the post. You will only be asked to disclose ‘unspent’ convictions.
• The Council operates a Smoke-Free Policy and the post-holder is prohibited from smoking in any of the Council's buildings (including Council owned and Council leased buildings, but excluding designated areas in residential schemes), enclosed spaces within the curtilage of buildings, and Council vehicles. The Council does not permit smoking breaks within work time, however, in services where the flexi-scheme is in operation, employees may take reasonable break times outside of core hours, in accordance with flexi-time arrangements. Employees should follow the flexi-scheme procedure for agreeing time away from their duties in the normal manner with their immediate colleagues and line manager, with break start and finish times being recorded, as with any other break-time arrangement. 
• The post-holder is expected to familiarise themselves with and adhere to all relevant Council Policies and Procedures.
• The post-holder must comply with the Council’s Health and Safety requirements as outlined in the H&S policy appropriate to the role.
• The post-holder must be committed to the Council’s Core Values for employees – “Torbay Council employees are committed to being forward thinking, people orientated and adaptable - always with integrity”. Evidence will be sought during the probation and appraisal processes.
• If this post is customer facing, it will require the ability to fulfil all spoken aspects of the role with confidence and fluency in English.
• If you are required to access a government system such as HMRC, DWP or The Public services network (PSN) as part of your role with the Council you will be required to complete a basic disclose with your line manager before you can access these systems. Your manager will be required to complete a verification form that confirms your identity, nationality and immigration status, employment history and unspent convictions (third party).
• If you are required to use your own vehicle on Council business or drive a council vehicle you will be asked to provide information on any driving endorsements by accessing gov.uk/view-driving-licence and providing a code to your Line Manager in order to share your driving licence information with the Council.

Person Specification

Note for Candidate

All Candidates

The supporting statement on your application form will be used to assess ability to meet the essential requirements of the role, so you should explain how you meet each of the numbered essential requirements within your supporting statement. In a competitive situation, the desirable criteria may be taken into consideration, so you are encouraged to show how you also meet each of the desirable criteria.

Candidates who consider that they have a disability

Reasonable adjustments will be made to the job, job requirements or recruitment process for candidates with a disability.

If you consider yourself to have a disability you should indicate this on your application form, providing any information you would like us to take into account with regard to your disability in order to offer a fair selection interview.

Where ever possible and reasonable we will make adjustments and offer alternatives to help you through the application and selection process.

If you have indicated that you have a disability on your application form you will be guaranteed an interview if you clearly demonstrate in your supporting evidence how you broadly meet the essential requirements of the role.

Job info	Job info details
Job Title	Senior Lawyer (Contracts and Commercial)
Strategic team/Directorate	Corporate Services
Service	Legal Services
Business unit	Legal Services

Skills and effectiveness

Essential skills and effectiveness

• Highly effective communication and interpersonal skills, both written and verbal to varied audiences. 
• Ability to provide clear and accurate complex legal advice in accordance with corporate policies and prevailing legislation in a local government setting.
• Analytical and problem-solving skills, to interpret information and determine informed and appropriate solutions.
• The ability to present complex and sometimes contentious information in an easy-to- understand and concise manner to a range of different audiences.
• Ability to build and maintain positive working relationships. 
• Able to influence and persuade others at a high level both inside and outside of the Council. 
• Alongside advanced negotiation and influencing skills to secure improved outcomes, tact, consideration and diplomacy skills are required by the post holder g. in order to resolve complex and contentious contractual and legal issues.
• Ability to manage a full and substantial workload. 
• Able to work as an integrated part of the wider legal services team and be supportive of colleagues and management.
• Ability to command respect and authority with those persons the post holder is required to influence, support and advise.
• Ability to identify new and emerging legislative and policy changes of significance, to assess the most appropriate individuals or groups to brief and to deliver the briefing effectively. 
• The ability to manage conflicting deadlines and identify and manage constant change. 
• Developed ICT literacy and skills to be able to use a range of Microsoft Office software for complex correspondence, reports, spread sheets, financial monitoring, presentations etc.
• This role requires the ability to fulfil all spoken aspects of the role with confidence and fluency in English. 

Desirable skills and effectiveness

• Ability to adapt to new areas of work. 

Knowledge

Essential knowledge

• A high level of knowledge of the law and procedure within the specialist discipline, with knowledge and understanding of at least one of the following:
  • Public procurement / contracts legislation; 
  • Commercial contracts; 
  • Construction contracts (JCT, NEC). 
• A detailed knowledge of the law applicable to Local Government and public procurement, including but not limited to Data Protection Act 2018 and UK General Data Protection Regulation, Fraud Act 2006, Freedom of Information Act 2000 and Environmental Information Regulations 2004, Health and Safety at Work etc. Act 1974, Intermediaries Legislation (IR 35), Modern Slavery Act 2015, Public Services (Social Value) Act 2012, the Public Sector Equality Duty and Transfer of Undertakings (Protection of Employment) Regulations 2006. 
• A general awareness of the policies, aims, and objectives of the

Desirable knowledge

• Knowledge of public contracts/procurement policy and guidance. 

Experience and achievements

Essential experience and achievements

• Suitable training and experience as a legal advisor and advocate. 
• Experience of working within a legal environment. 
• Experience of devising, preparing and delivering training. 
• Experience of complex drafting work. 
• Experience of contract negotiation. 
• Experience dealing with internal and external stakeholders at all levels in professional situations. 
• Experience of working on own initiative and making and justifying robust and sometimes contentious decisions.
• Experience working across organisational boundaries and multiple departments/organisations and dealing tactfully and persuasively with complex and sensitive matters.
• Experience in responding to quickly changing priorities and competing deadlines. 
• Experience of problem solving, being innovative and creative in terms of designing and implementing solutions.
• Positive track record of motivating, persuading, and influencing colleagues and other stakeholders. 

Desirable experience and achievements

• Experience of working in an in-house local government legal service. 
• Experience of working in accordance with the LEXCEL standards. 

Qualifications/professional memberships

Essential qualifications/professional memberships

• Admitted and practicing Solicitor, Barrister or Fellow of the Institute of Legal Executives (or equivalent), with at least 3 years post qualification experience.
• Educated to Degree level standard (Including HND, professional/enhanced skill qualification) or equivalent. 

Desirable qualifications/professional memberships

• Diploma in Local Government Law. 

Other requirements

Other requirements of the job role

• Demonstrates a commitment to safeguard and promote the welfare of children and young people. 
• Ability to travel efficiently around the Bay/South West/UK in order to carry out duties. 
• Ability to accommodate occasional/permanent home-working.