Getting from the story of a dispute to the law

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

What is your approach to giving employment advice? Responses to this question from specialist and generalist advisers, as well as solicitors working with the CAB Service, emphasised a particular process. While the advice interview must start with clients’ stories, this initial narrative account represents only the first step; it is in what comes after this that the critical work of advice is achieved. In this chapter I explore how advisers move from the story of a dispute to the law. The practice engaged in by advisers is far more than simply an exercise in legal diagnostics. As will be explained in this chapter, this represents just one stage. Other critical elements include teasing out the full range of relevant factual detail relating to the employment dispute, communicating the law to clients, and framing the law in terms of possible courses of action. These latter aspects of the process take into account contextual issues beyond the immediate law, and involve consideration of the hurdles inherent in the Employment Tribunal process, the disposition of the client, and the level of support that the adviser can offer throughout the course of the dispute.
LanguageEnglish
Title of host publicationAdvising in Austerity
Subtitle of host publicationReflections on Challenging Times for Advice Agencies
EditorsSamuel Kirwan
Place of PublicationBristol
Pages139-146
Number of pages8
Publication statusPublished - 14 Dec 2016

Fingerprint

Law
disposition
diagnostic
narrative
interview

Keywords

  • disputes
  • dispute resolution
  • Employment Tribunals
  • employment law

Cite this

Rose, E. (2016). Getting from the story of a dispute to the law. In S. Kirwan (Ed.), Advising in Austerity: Reflections on Challenging Times for Advice Agencies (pp. 139-146). Bristol.
Rose, Emily. / Getting from the story of a dispute to the law. Advising in Austerity: Reflections on Challenging Times for Advice Agencies. editor / Samuel Kirwan. Bristol, 2016. pp. 139-146
@inbook{d1121bc9273d4725bd5d65aadcd2fb1b,
title = "Getting from the story of a dispute to the law",
abstract = "What is your approach to giving employment advice? Responses to this question from specialist and generalist advisers, as well as solicitors working with the CAB Service, emphasised a particular process. While the advice interview must start with clients’ stories, this initial narrative account represents only the first step; it is in what comes after this that the critical work of advice is achieved. In this chapter I explore how advisers move from the story of a dispute to the law. The practice engaged in by advisers is far more than simply an exercise in legal diagnostics. As will be explained in this chapter, this represents just one stage. Other critical elements include teasing out the full range of relevant factual detail relating to the employment dispute, communicating the law to clients, and framing the law in terms of possible courses of action. These latter aspects of the process take into account contextual issues beyond the immediate law, and involve consideration of the hurdles inherent in the Employment Tribunal process, the disposition of the client, and the level of support that the adviser can offer throughout the course of the dispute.",
keywords = "disputes, dispute resolution, Employment Tribunals, employment law",
author = "Emily Rose",
note = "This is a post-peer-review, pre-copy edited version of an extract/chapter published in Advising in austerity: Reflections on challenging times for advice agencies. Details of the definitive published version and how to purchase it are available online at: https://policypress.co.uk/",
year = "2016",
month = "12",
day = "14",
language = "English",
isbn = "9781447334149",
pages = "139--146",
editor = "Samuel Kirwan",
booktitle = "Advising in Austerity",

}

Rose, E 2016, Getting from the story of a dispute to the law. in S Kirwan (ed.), Advising in Austerity: Reflections on Challenging Times for Advice Agencies. Bristol, pp. 139-146.

Getting from the story of a dispute to the law. / Rose, Emily.

Advising in Austerity: Reflections on Challenging Times for Advice Agencies. ed. / Samuel Kirwan. Bristol, 2016. p. 139-146.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

T1 - Getting from the story of a dispute to the law

AU - Rose, Emily

N1 - This is a post-peer-review, pre-copy edited version of an extract/chapter published in Advising in austerity: Reflections on challenging times for advice agencies. Details of the definitive published version and how to purchase it are available online at: https://policypress.co.uk/

PY - 2016/12/14

Y1 - 2016/12/14

N2 - What is your approach to giving employment advice? Responses to this question from specialist and generalist advisers, as well as solicitors working with the CAB Service, emphasised a particular process. While the advice interview must start with clients’ stories, this initial narrative account represents only the first step; it is in what comes after this that the critical work of advice is achieved. In this chapter I explore how advisers move from the story of a dispute to the law. The practice engaged in by advisers is far more than simply an exercise in legal diagnostics. As will be explained in this chapter, this represents just one stage. Other critical elements include teasing out the full range of relevant factual detail relating to the employment dispute, communicating the law to clients, and framing the law in terms of possible courses of action. These latter aspects of the process take into account contextual issues beyond the immediate law, and involve consideration of the hurdles inherent in the Employment Tribunal process, the disposition of the client, and the level of support that the adviser can offer throughout the course of the dispute.

AB - What is your approach to giving employment advice? Responses to this question from specialist and generalist advisers, as well as solicitors working with the CAB Service, emphasised a particular process. While the advice interview must start with clients’ stories, this initial narrative account represents only the first step; it is in what comes after this that the critical work of advice is achieved. In this chapter I explore how advisers move from the story of a dispute to the law. The practice engaged in by advisers is far more than simply an exercise in legal diagnostics. As will be explained in this chapter, this represents just one stage. Other critical elements include teasing out the full range of relevant factual detail relating to the employment dispute, communicating the law to clients, and framing the law in terms of possible courses of action. These latter aspects of the process take into account contextual issues beyond the immediate law, and involve consideration of the hurdles inherent in the Employment Tribunal process, the disposition of the client, and the level of support that the adviser can offer throughout the course of the dispute.

KW - disputes

KW - dispute resolution

KW - Employment Tribunals

KW - employment law

UR - https://policypress.co.uk/advising-in-austerity

M3 - Chapter

SN - 9781447334149

SP - 139

EP - 146

BT - Advising in Austerity

A2 - Kirwan, Samuel

CY - Bristol

ER -

Rose E. Getting from the story of a dispute to the law. In Kirwan S, editor, Advising in Austerity: Reflections on Challenging Times for Advice Agencies. Bristol. 2016. p. 139-146