Exceptions to fair and open competition

Exceptional appointments are mostly short-term – e.g., secondments, which promote the exchange of ideas and experience.

Commissioners' approval is required for all senior appointments and appointments under the provisions of the Orders in Council not covered by the Recruitment Code.

96 exceptional appointments approved:

three transfers from non-departmental public bodies
nine extensions of secondments beyond the usual maximum periods allowed
three conversions to permanency of short term appointments in highly – specialised fields where continuity was important
82 extensions of appointments pending open competition to fill the posts
76 approved in one agency due to extraordinary business pressures

We recognise that in some circumstances it may be right to allow appointments to be made without following the procedure of selection on merit on the basis of fair and open competition, provided doing so does not undermine these fundamental principles. Such appointments are mostly short-term – for example secondments which promote the exchange of ideas and experience.

Under the Recruitment Code, departments may in most cases apply the exceptions themselves. Commissioners' approval is, however, required for very senior appointments and in some circumstances for those at lower levels. We may also approve appointments under the provisions of the Orders in Council in circumstances not covered by the Recruitment Code.

We approved 266 appointments as exceptions. These were:

three transfers under flexibilities introduced last year to facilitate transfers from non-departmental public bodies;
nine extensions of secondments beyond the usual maximum periods provided by the Recruitment Code;
three conversions of short-term appointments made without open competition to permanency because the field was so specialised and the need for continuity was important;
82 extensions of appointments made without open competition for periods of up to 12 months beyond the maximum periods provided by the Recruitment Code, pending open competition to fill the posts.

Compared with previous years, the number of approved appointments in the last category was exceptionally high. This was because 76 of the 82 extensions to appointments occurred in a single government agency.

It had sought our approval to extend the existing appointments made without open competition for periods of up to nine months beyond the normal maximum of 24 months allowed by the Recruitment Code, while it held an open competition in line with the Commissioners' requirements. The Commissioners approved these appointments, recognising the exceptional business pressures the agency was facing.

During the year, we were consulted by the HR division of a department, part of which was due to move to agency status. This part of the organisation was considerably stretched and around 10 per cent of the workforce was drawn from recruitment agency staff. There was pressure to convert these staff to permanent posts. This was not possible under the Recruitment Code as such transfers would be unlawful. We therefore advised that an open competition was needed and that the dependency on agency staff should be reduced as soon as possible. Assistance was given by our Office to bring about a speedy and lawful solution.

We also made 170 exceptions as a result of a random sifting in a Northern Ireland

(see case study. )

For more information on exceptions, click here