--- name: research-start-uk-agents title: /legal-clinic-uk:research-start description: Research roadmap for a UK legal issue — statutes to check on legislation.gov.uk, case law areas to investigate on BAILII, tribunal guidance, OSCOLA-formatted citation starting points. Leads and frameworks, NOT verified legal authority; students check everything via Westlaw UK / LexisNexis UK / BAILII / legislation.gov.uk. Use when a student asks where to start researching, wants a research roadmap for an issue, or needs gaps identified in existing research. author: uk-agents author_url: https://github.com/uk-agents/uk-legal-plugins/tree/main/legal-clinic-uk/skills/research-start license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: gb practice: criminal language: en --- # /legal-clinic-uk:research-start 1. Load `~/.claude/plugins/config/uk-legal-plugins/legal-clinic-uk/CLAUDE.md` → jurisdiction, practice area. 2. Use the workflow below. 3. Frame the issue specifically. Build roadmap: statutory starting points (unverified, OSCOLA format), case law areas (not cases), secondary sources, search terms for Westlaw UK / LexisNexis UK / BAILII. 4. If student has existing research uploaded: synthesise and identify gaps. 5. Output with prominent "leads not authority" header. Everything is a starting point the student verifies. ``` /legal-clinic-uk:research-start "Section 21 notice validity requirements Deregulation Act 2015" ``` ``` /legal-clinic-uk:research-start "ET unfair dismissal qualifying period exception" ``` --- # Research Start: Roadmap, Not Research ## Purpose UK legal research is essential to clinical education. But the initial phase — figuring out *what* to research, finding the right Act, understanding the framework — is often the most time-consuming and least educational part. Students spend hours finding the starting point before they can do the actual research. This skill produces the starting point: statutes to check on legislation.gov.uk, case law areas to investigate on BAILII or Westlaw UK, OSCOLA-formatted citation starts, search terms. **None of it is verified. None of it is authoritative. All of it is a lead for the student to run down.** **This is a pedagogical safeguard, not just an ethical one.** Students still learn to research. They just start from a better place. **OSCOLA throughout.** All citation starts use Oxford University Standard for the Citation of Legal Authorities (OSCOLA) format — the UK standard for legal writing. The student confirms accuracy and format before using any citation in a finalised document. ## Load context `~/.claude/plugins/config/uk-legal-plugins/legal-clinic-uk/CLAUDE.md` → jurisdiction (E&W / Scotland / NI), practice areas. ## Workflow ### Step 0: Seed documents first **Before building the roadmap, read the clinic's own seed documents.** The supervising solicitor or barrister uploaded them at cold-start (handbook, filing guides, tribunal/court rules, intake forms, example case files, prior memos) — they are pre-vetted, jurisdiction-specific, and will beat any BAILII query on the first 20 minutes of a student's research. 1. Read `~/.claude/plugins/config/uk-legal-plugins/legal-clinic-uk/CLAUDE.md` → `## Seed documents`. Identify any item whose purpose or filename matches the research area. 2. For each match, surface it as a **Seed documents to read first** block at the top of the roadmap output. Name the file, say why it matters for this specific question. 3. If no seed documents match: "No clinic seed documents match this issue — proceeding straight to primary sources." 4. If the clinic has the `LIMITED DATA` flag set: "Clinic has fewer than 10 seed docs — lean harder on primary sources and flag what's missing for your supervisor." The roadmap still covers statutes, case law areas, secondary sources, and search terms — seed docs are the first lead, not a replacement. ### Step 1: Frame the issue What's the research question? Be specific. Not "unfair dismissal" — "Does the claimant have qualifying service for an unfair dismissal claim under the Employment Rights Act 1996, and if so, does the automatically unfair category (whistleblowing / trade union activity / pregnancy) apply so qualifying period is irrelevant?" If the question is too broad, narrow it with the student: "That's three research questions. Let's take them one at a time. Which first?" ### Step 2: Build the roadmap **Statutory starting points:** List statutes *likely* relevant. State explicitly these are likely, not confirmed. Use OSCOLA format. > **Likely relevant statutes** (UNVERIFIED — confirm currency and commencement on legislation.gov.uk): > - Employment Rights Act 1996, ss 94–107 (unfair dismissal generally), s 108 (qualifying period), s 99 (pregnancy — no qualifying period), s 103A (protected disclosure — no qualifying period) `[model knowledge — verify]` > - Employment Tribunals Act 1996 (ET jurisdiction) > - OSCOLA form: Employment Rights Act 1996, s 94. > - `[VERIFY each citation is current — check legislation.gov.uk for amendments; some ERA 1996 provisions amended by Employment Relations Act 1999, Employment Act 2002, Enterprise and Regulatory Reform Act 2013, etc.]` **Case law areas to investigate:** Not cases — *areas*. The student finds the cases. > **Case law areas:** > - UKSC / Court of Appeal / EAT authority on qualifying service calculation > - EAT guidance on automatically unfair dismissal categories — what constitutes a protected disclosure (whistleblowing) under ERA 1996 s 43B > - Cases on effective date of termination vs actual dismissal date for limitation purposes > - Tribunal decisions on related issues in this jurisdiction **Regulatory / administrative sources:** > **Administrative / regulatory sources:** > - ACAS Code of Practice on Disciplinary and Grievance Procedures (relevant to fairness assessment) > - ACAS Guide on early conciliation — certificate timing and its effect on ET limitation period > - Employment Tribunal Practice Directions and Presidential Guidance (England and Wales) or Presidential Guidance (Scotland) > - Employment Rights Act 1996 (as amended): check legislation.gov.uk for current version with all amendments in force **Secondary sources:** > **Secondary sources (for framework, not citation):** > - Harvey on Industrial Relations and Employment Law (standard UK practitioner text) > - Blackstone's Employment Law Practice > - IDS Employment Law Handbook > - CIPD and ACAS guidance for procedural context > - EAT website for recent tribunal directions **Search terms:** > **Search terms to try:** > - Westlaw UK: `Employment Rights Act 1996 s 108 qualifying period AND unfair dismissal AND [specific issue]` > - LexisNexis UK: `unfair dismissal AND "automatically unfair" AND qualifying period` > - BAILII: `Employment Appeal Tribunal AND "qualifying period" AND [specific claim type]` > - legislation.gov.uk: search "Employment Rights Act 1996" → view current version → Section 108 > - Refine based on what comes back — these are starting queries ### Step 3: Jurisdiction note **England & Wales:** ERA 1996 applies; Employment Tribunals (E&W) are governed by Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 (Sch 1). `[model knowledge — verify]` **Scotland:** Same substantive ERA 1996 law; separate ET Scotland system but same rules. Note: separate procedural provisions may apply for cross-border matters. Prescription and Limitation (Scotland) Act 1973 is the main limitation regime for Scottish civil claims (not Limitation Act 1980). `[model knowledge — verify]` **Northern Ireland:** Employment Rights (Northern Ireland) Order 1996 (not ERA 1996) governs unfair dismissal in NI. Industrial Tribunal NI (not ET). Separate rules from Great Britain. `[UNCERTAIN: some recent NI employment law changes may have diverged further — verify against NIJAC and NILSC sources]` `[model knowledge — verify]` ### Step 4: Flag what's uncertain > `[UNCERTAIN: whether the claim involves an automatically unfair category — this determines whether qualifying period matters at all. The factual basis needs to be confirmed before the research framework is finalised.]` Uncertainty is stated, not hidden. > **No silent supplement.** This skill produces leads, not verified authority — by design, students run the citations down themselves. But if a query to a configured research tool (uk-legal MCP, BAILII) returns few or no results for a specific rule or case, say so and stop. Do NOT manufacture citations from web search or model knowledge to fill a thin result set without asking. ### Step 5: Synthesise uploaded research (if any) If the student has already done some research and uploads it: read it, identify what's covered and what's missing. > **From your research so far:** > - You have: [summary of what's covered] > - Gap: [what the roadmap above suggests that you haven't found yet] > - `[VERIFY: the case you cited — confirm it is good law — check whether any later EAT or Court of Appeal authority has limited or overruled it]` ## Output ```markdown ═══════════════════════════════════════════════════════════════════════ RESEARCH ROADMAP — LEADS, NOT AUTHORITY Nothing below is a verified citation. Every statute, every case area, every search term is a starting point for YOUR research. You verify currency, applicability, and accuracy via legislation.gov.uk, BAILII, Westlaw UK, or LexisNexis UK. You find the actual cases. OSCOLA citation starts are provided as a format guide — confirm accuracy before any of them appear in a document or filing. ═══════════════════════════════════════════════════════════════════════ # Research Roadmap: [Issue] **Jurisdiction:** [E&W / Scotland / NI] | **Practice area:** [area] ## Seed documents to read first [Per Step 0. List any clinic seed docs that match the issue. If none matched: "No clinic seed documents match this issue — proceeding to primary sources."] ## Statutory starting points (UNVERIFIED — confirm on legislation.gov.uk) [list with VERIFY flags and OSCOLA citation starts] ## Case law areas to investigate [areas, not cases — student finds the actual cases on BAILII / Westlaw UK] ## Administrative / regulatory sources [ACAS codes, practice directions, tribunal guidance, GOV.UK] ## Secondary sources (for framework, not citation) [Harvey, Blackstone's, IDS, practitioner texts] ## Search terms **Westlaw UK:** [queries] **LexisNexis UK:** [queries] **BAILII:** [queries] **legislation.gov.uk:** [direct navigation path] ## Jurisdiction note [Differences between E&W / Scotland / NI where they matter for this issue] ## Uncertainty flags [Everywhere the roadmap is genuinely unsure] --- ## What to do with this 1. Start with a secondary source (Harvey / Blackstone's) to get the framework 2. Find and read the primary statutes on legislation.gov.uk — confirm the OSCOLA citations above are current and in force 3. Run the BAILII and Westlaw UK searches, find the leading cases 4. Citator-check every case before relying on it (Westlaw UK case analysis / LexisNexis UK) 5. Come back and run `/legal-clinic-uk:memo` to scaffold your analysis once you have the rule 6. Use OSCOLA format throughout — your supervisor expects it ## What this roadmap does NOT do - **It does not give you verified authority.** Every cite above is a lead to check, not an authority to rely on. - **It does not do the research.** You do the research. This gets you to the starting line faster. - **It does not replace Westlaw UK or LexisNexis UK.** Those have the actual cases and citator status. This tells you where to point them. --- **Cite verification — required before use.** Citations above were generated by an AI model and have not been verified. Before relying on any case, statute, or rule — or including it in client work — run it through Westlaw UK, LexisNexis UK, BAILII, or legislation.gov.uk for accuracy and current-law status. All citations should be formatted to OSCOLA standard before appearing in any finalised document. Flag unverified citations to your supervisor. ``` ## What this skill does NOT do - **Provide verified legal authority.** Explicitly, by design. The student verifies every cite before using it. - **Replace legal research.** Accelerates the "where do I start" phase; the research itself is still the student's. - **Guarantee the roadmap is complete.** It's a starting set of leads. The research may reveal sources the roadmap missed — that's fine, that's research. ## Close with the next-steps decision tree End with the next-steps decision tree per CLAUDE.md `## Outputs`.