Led up the tribunal path? Employment disputes, legal consciousness and trust in the protection of law

Kirk, E. and Busby, N. (2017) Led up the tribunal path? Employment disputes, legal consciousness and trust in the protection of law. Oñati Socio-Legal Series, 7(7), pp. 1397-1420.

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Abstract

This article explores legal consciousness through a consideration of the trust that workers extend to employment law to protect them, and how they react when their expectations are frustrated, tracing evolving legal dispositions and reflections upon the boundaries of legality. Clients of Citizens Advice Bureaux were case -tracked as they attempted to resolve work -related disputes. Generally participants trusted employment law to be there for them, rarely anticipating the limits and conditionality of various rights, or the considerable difficulties that can accompany their enforcement. Frustrated expectations were met with varying degrees of acceptance and fatalism, with the redirection of grievances towards collectivised dissent or activism being exceptionally rare. People tend to engage with employment law in ways that legitimate institutions and reaffirm a system that, for a variety of reasons, offers weak protection and enforcement.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Kirk, Dr Eleanor and Busby, Professor Nicole
Authors: Kirk, E., and Busby, N.
College/School:College of Social Sciences > School of Law
Journal Name:Oñati Socio-Legal Series
Publisher:Oñati International Institute for the Sociology of Law
ISSN:2079-5971
ISSN (Online):2079-5971
Copyright Holders:Copyright © 2018 The Authors
First Published:First published in Oñati Socio-Legal Series 7(7):1397-1420
Publisher Policy:Reproduced under a Creative Commons License
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