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Criminality at Work$
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Alan Bogg, Jennifer Collins, Mark Freedland, and Jonathan Herring

Print publication date: 2020

Print ISBN-13: 9780198836995

Published to Oxford Scholarship Online: April 2020

DOI: 10.1093/oso/9780198836995.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2021

The Preventive Role of the Criminal Law in Employment Relations

The Preventive Role of the Criminal Law in Employment Relations

(p.231) 12 The Preventive Role of the Criminal Law in Employment Relations
Criminality at Work

Jennifer Collins

Andrew Ashworth

Oxford University Press

This chapter assesses the range of preventive interventions in labour market regulation. In relation to preventive orders in labour market enforcement, the chapter queries whether there are good reasons to resort to criminal law in situations where civil enforcement mechanisms might be improved. This also raises uncomfortable questions of a government that has presided over onerous tribunal fees impeding access to justice, and the pursuit of deregulation of labour standards and restriction of trade unions. The chapter considers whether the enforcement crisis is being produced by ‘bad’ employers or by the political choices of our elected representatives. The most effective form of prevention would be worker-protective labour law, supported by access to justice and strong trade unions. Preventive criminal law is a response to an avoidable crisis that has been brought about by specific political choices. Nevertheless, the penetration of these preventive orders into labour law fits with the more general expansion of preventive criminal measures in different spheres of social life.

Keywords:   worker-protective labour law, preventive justice, omission offences, Immigration Act 2016, Modern Slavery Act 2015, civil preventive orders, Labour Market Enforcement Undertakings and Orders

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