TY - JOUR
T1 - Securing Labour Standards Through Preventive Criminalisation
T2 - New Lessons From Civil Preventive Orders
AU - Collins, Jennifer
PY - 2020/5/6
Y1 - 2020/5/6
N2 - 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.
AB - 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.
KW - 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
KW - Preventive Criminalization
KW - Civil Preventive Orders
KW - Immigration Act 2016
KW - Labour Market Enforcement Undertakings and Orders
KW - Director of Labour Market Enforcement
KW - Civil Order
U2 - 10.1080/09615768.2020.1753349
DO - 10.1080/09615768.2020.1753349
M3 - Article (Academic Journal)
SN - 0961-5768
VL - 31
SP - 373
EP - 401
JO - King's Law Journal
JF - King's Law Journal
IS - 3
ER -