History

When the provisions for compulsory retirement from the Foreign Service were introduced under the 1943 Foreign Service Act, a Retirement Board for the Administrative Class was established. Its role was to advise the Secretary of State whether cases of premature retirement had been fully and fairly examined by the Selection Board. A similar Board for the Executive Class was established in 1949.

With the introduction of the Industrial Relations Act in 1971, which for the first time gave employees a right of appeal against unfair dismissal, the Retirement Boards were converted into Appeal Boards. This was achieved, with the concurrence of the Staff Side, by retaining the three original members of each Board with the addition of a Staff Side representative. In parallel with the Civil Service Appeal Board, two DSABs were established in April 1972, one to consider appeals from officers in Diplomatic Service (DS) grades 1-4 and one to consider appeals from officers in other DS grades. In 1996, the two DSABs were amalgamated into one. DS officers have the dual right to appeal to both the DSAB and to an Employment Tribunal.

Status

The DSAB is a Lower Tier Advisory Non-Departmental Public Body (NDPB). Generally speaking, the decision that a function should be discharged by such a body involves the recognition that it should enjoy a degree of independence from Government in performing these functions. But at the same time, the activities of the body form part of the process of Government, for which Ministers are answerable to parliament. Therefore a balance has to be struck between enabling the Minister to fulfil his responsibilities to Parliament and giving the body the degree of independence which is appropriate.

Purpose

The DSAB's main purpose is to advise the Foreign Secretary whether premature retirement or termination of an appointment on grounds of failed probation, or dismissal on any grounds, is fair. The Board's function is to satisfy itself that management has acted responsibly and fairly.

Constitution of the Board

Board members are appointed by the Secretary of State. The Board comprises:

• Chairman and Deputy Chairman, 
• a former member of the Diplomatic Service, a member and alternate nominated by the FCO Administration, 
• a member and alternate nominated by the Diplomatic Service Trade Union Side (DS TUS), and 
• an independent member and alternate.

The Chairman and Deputy Chairman are appointed following consultation between the Administration and the DS TUS. DSAB members are appointed for a term of three years in the first instance. They may be re-appointed for a further term up to a maximum of 10 years' total service.

Making Appointments

Appointments are made in accordance with the Code of Practice and Guidance drawn up by the Commissioner for Public Appointments. There is an FCO Best Practice Guide summarising the appointments procedures for FCO-sponsored NDPBs.

An independent assessor must be involved in the appointment of the Independent member and alternate. The Office of the Commissioner for Public Appointments (OCPA) holds a list of certified Independent Assessors for whose services there is a per diem charge.

Because the posts of Chairman, Deputy Chairman, Administration member and alternate, and the Trade Union Side member and alternate, are filled from internal candidates, it is not necessary to involve an independent assessor in those appointments. Nevertheless, OCPA and FCO guidance is followed as far as possible to ensure gender, ethnic origin and disability issues are taken into account and the Board is, as far as possible, representative.

Secretariat

The Employee Relations Adviser is ex-officio Secretary of the DSAB.

Diplomatic Service Appeal Board membership list  (PDF, 14K)  

Job description: Chairman  (PDF, 21K)  

Job description: Deputy Chairman  (PDF, 21K)  

Job description: Independent Member  (PDF, 21K)  

Job description: DS Trade Union Side Nominee  (PDF, 21K)  

Job description: Administration Nominee  (PDF, 21K)  

Notes for Officers Appealing  (PDF, 38.3K)  

Diplomatic Service Appeal Board publication scheme  (PDF, 29KB)