Securing Labour Standards Through Preventive Criminalisation: New Lessons From Civil Preventive Orders

Research output: Contribution to journalArticle (Academic Journal)peer-review

Abstract

This article offers one of the first critical analyses of the two hybrid civil/criminal measures introduced by the Immigration Act 2016: Labour Market Enforcement (LME) Undertakings and Orders. The article challenges the notion that these are uncontroversial use of regulatory criminalisation in the labour law context. A number of substantive concerns are highlighted. It is then argued that an original theoretical frame is needed to theorise the use of these civil preventive orders in the regulation of work relations, rooted in using the criminal law to reassure, and that this analysis casts new light on the complex and evolving regulatory interface between criminal law and labour law.
Original languageEnglish
Pages (from-to)373-401
Number of pages29
JournalKing's Law Journal
Volume31
Issue number3
Early online date6 May 2020
DOIs
Publication statusE-pub ahead of print - 6 May 2020

Structured keywords

  • Perspectives on Work
  • LAW Centre for Law at Work
  • MGMT theme Work Futures

Keywords

  • Enforcement of Labour Standards; Preventive Criminalization; Civil Preventive Orders; Immigration Act 2016; Labour Market Enforcement Undertakings and Orders; Director of Labour Market Enforcement; Civil Order
  • Preventive Criminalization
  • Civil Preventive Orders
  • Immigration Act 2016
  • Labour Market Enforcement Undertakings and Orders
  • Director of Labour Market Enforcement
  • Civil Order

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