Scottish Qualified Lawyer (Band 2/Grade 7)

The Health and Safety Executive (HSE) is recruiting a Scottish-qualified Lawyer to join its Legal Services Divisions (LSD) Advisory, Legislation and Litigation Strategy (ALLS) team.

The ALLS team was established in April 2025 and is responsible for all advisory legal work for the HSE. Legal support for HSE's enforcement work is largely handled elsewhere in the Division; however, this role will involve providing Scottish law advice on HSE's enforcement work. The ALLS team also provides some advisory legal services to another regulator, the Office for Nuclear Regulation.

This is a key role which will contribute directly to public confidence, in terms of HSE, the wider justice system and the Government Legal Profession. The team covers an interesting and wide range of complex, fast-moving and challenging work. This includes advising on policy, public law, statutory interpretation, statutory instrument (SI) drafting and engagement with a number of other Government Departments, stakeholders and regulators.

Working Pattern

Due to the nature of the work involvedthis role is only suitable for full time working. We are amenable to the possibility of a full-time working pattern (i.e. 37 hours) being compressed over four days.

This post is an exciting opportunity to shape and influence that team, as well as add considerable and much-needed value to the wider work of the Legal Services Division, as a Scottish-qualified Lawyer.

The team has already delivered successfully a wide range of work including SI drafting, advising on complex policy and litigation matters (including ones spanning multiple parts of Government), representation at statutory inquiries, and advising and working on Bills.

The team provides risk-based legal advice on a wide range of areas, from chemicals regulation to workplace safety, and from the EU reset to inquests and inquiries. In addition to being part of that team (and advising on the interpretation of primary and secondary legislation, as well as advising on and drafting secondary legislation), the role will involve providing legal advice on Scottish criminal and civil justice practice and procedure.

The legal issues HSE encounters are often complex, wide-ranging and novel. The ALLS team works closely with policy and other colleagues to support them to make clear, proper and lawful decisions. As with other lawyers in the Government Legal Profession, this is done at all times considering legal risk and anticipating legal challenges.

Health and safety law is the same across Great Britain but offences are prosecuted differently in Scotland. HSE inspectors report matters they have investigated and make recommendations on offences to the specialist Health and Safety Investigation Unit within the Crown Office and Procurator Fiscal Service (COPFS), who decide whether or not to institute criminal proceedings in the public interest.

We are looking for a highly-capable, experienced and self-starting Scottish-qualified lawyer with knowledge of the jurisdictions criminal and civil justice practice and procedure. The successful candidate must have had experience of managing significant stakeholder relationships, e.g. with clients. They will also ideally have experience of SI drafting, inquiries work and either conducting or advising on litigation on behalf of a public body.

This is a rare opportunity for a motivated lawyer to join in leading and developing the next phase of the establishment of a legal function, as well as providing critical expertise to HSEs existing prosecutorial function. They will need to be comfortable with fast-moving and occasionally uncertain situations, bringing their skills to bear to support colleagues across the organisation.

Key Responsibilities

• As a member of the ALLS team, adding expertise and working collaboratively with colleagues within it and the wider Division in alignment with the teams and Divisions objectives.
• Managing relationships with COPFS and other internal and external stakeholders, including by providing strategic, proportionate and risk-based advice.
• Providing legal advice and support to operational teams across HSE, including by providing timely, consistent legal advice on health and safety law and enforcement decisions in Scotland, and assisting with procedural and evidential matters arising during investigations and enforcement in Scotland.
• Leading on liaison between LSD and COPFS, including by acting as a joint point of contact with the Director of Regulations (DoR) office on HSE policy decisions, supporting HSE to respond to COPFS requests in demands, and liaising with COPFS on complex health and safety matters where necessary.
• Liaising with the solicitor agent of the Office of the Advocate General for Scotland (OAG), including by acting as a joint point of contact with the DoRs office for matters involving that agent, and supervising service delivery, monitoring fees and assessing case outcomes
• Ensuring that HSEs position is advanced in a range of various Scottish civil proceedings, including Fatal Accident Inquiries, judicial reviews and notice appeals
• Providing oversight and delivery of legal training personally or with or by others - to a range of policy and operational colleagues across HSE, identifying suitable opportunities to provide such training.

Essential Skills and Criteria:

• Knowledge of Civil and Criminal justice practice and procedure in the Scottish legal system
• A proven track record of advising on public law, from either a litigation or advisory perspective
• The ability to think strategically and creatively in showing sound legal judgment, appreciating and identifying legal issues and risks in their wider context and advising accordingly
• The ability to build and maintain effective relationships with a range of colleagues and stakeholders, both externally and across organisations/departments

At HSE, we are proud to be able to offer our people the opportunity to work in a hybrid way which combines working from home and the office. This is a voluntary, non-contractual arrangement, and your allocated office will be your contractual place of work.

There will be a requirement to travel to the office for various activities, e.g., collaborative working, supporting and training colleagues. If hybrid working is suitable for you and your role, you will be expected to attend the office, or other business-related site, for 60% of your working week. The arrangements will be determined primarily by business need, but personal circumstances and other relevant circumstances will also be taken into account.

Therefore, we would encourage candidates to consider if the commute from home to the office is a feasible distance to travel before making an application. Please note that if you are successful, hybrid working will be discussed prior to taking up the post.

Travel

For all colleagues, there will be a requirement to travel to the office for various activities including collaborative working and involvement with supporting and training colleagues.

This post will require occasional travel to HSEs headquarters in Bootle and other HSE offices, as well as occasional attendance at courts, case conferences and meetings nationwide. This may involve overnight stays. This aspect of the work can usually be planned in advance.