Abstract
| Language | English |
|---|---|
| Title of host publication | Advising in Austerity |
| Subtitle of host publication | Reflections on Challenging Times for Advice Agencies |
| Editors | Samuel Kirwan |
| Place of Publication | Bristol |
| Pages | 139-146 |
| Number of pages | 8 |
| Publication status | Published - 14 Dec 2016 |
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Keywords
- disputes
- dispute resolution
- Employment Tribunals
- employment law
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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 proceeding › Chapter
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 -