Centre for Law at Work Launched

By Dr Jennifer Collins, Lecturer in Law, and Prof Alan Bogg, Professor of Labour Law, Centre for Law at Work (University of Bristol Law School).

Centre for Law at Work Launch Event, Law School, University of Bristol © Bhagesh Sachania

On Thursday 28 June the Bristol Centre for Law at Work was launched. The Centre is based in the Law School, with Professors Alan Bogg and Tonia Novitz its founding Directors. It is supported by scholars from across the Law School who will come together to reflect upon legal issues relating to work and its regulation. Adopting an inter-disciplinary approach, the Centre aims to advance scholarly analysis of work-related issues, and to generate innovative perspectives. In so doing, it aims to shape policy at national, transnational and international levels using evidence-based interventions to influence current political debates. Centre members have already made high profile contributions to the recent Taylor Review of modern working practices.

A very successful launch of the Centre was held at the close of the first day of Professor Alan Bogg and Dr Jennifer Collins’ workshop, Criminality at Work. Professor Mark Freedland, opening the Centre, commented on Bristol’s global reputation in work-related legal scholarship. He was also deeply impressed by the excitement and enthusiasm across the University for the objectives and activities of the Centre for Law at Work.  Professor Paddy Ireland, Dean of the Faculty of Social Sciences and Law, commented that the Law School has attracted fantastic interdisciplinary scholars who will contribute to the work of the Centre. The Centre will build links across the wider Faculty, based around the Faculty Research Group on Work. It will also connect with a global network of academic centres through its formal affiliation with the Labour Law Research Network. (more…)

Sex Work, Labour Unfreedom, and the Law

By Dr Katie Cruz, Lecturer in Law (University of Bristol Law School).*

On 2nd June, sex workers and activists gathered globally to mark the struggle for sex workers’ rights. International Sex Workers Day is just one day of the year dedicated to the struggle for sex workers. Activists gather on March 3rd to mark International Sex Worker Rights Day and on December 17th to mark International Day to End Violence against Sex Workers. These dates occur because of the historical and ongoing violence against, and exclusion of, sex workers. Sex workers are subject to interpersonal forms of violence, from police officers and clients, and the structural violence of criminal justice and immigration institutions. They are criminalized and affected by often-punitive anti-trafficking laws and policies, and they are subject to heightened immigration controls, including the criminalization of movement and working. The Tory government’s hostile environment has created additional layers of institutionalised insecurity for many migrant sex workers, including restrictions on access to housing, healthcare, education, and banking services.

In a recent article I wrote for Feminist Legal Studies, I argue for a Marxist feminist methodology capable or describing and opposing these intersecting exclusions and oppressions as they apply to migrant sex workers in the UK. However, this method can be used to understand the precarious living and working conditions of all (sex) workers. In this post, I make some remarks in relation to citizen sex workers in the UK and Jamaica, where I am currently conducting fieldwork with Prof Julia O’Connell Davidson and Dr Jacqueline Sanchez Taylor. (more…)

Testing the boundaries of fraud by abuse of position

By Dr Jennifer Collins, Lecturer in Law (University of Bristol Law School).

7306229-seasonal-workersThe Court of Appeal has delivered an important judgment in R v Valujevs [2015] 3 WLR 109, on the scope of fraud by abuse of position under section 4 of the Fraud Act 2006 (on which see J. Collins, ‘Fraud by Abuse of Position and Unlicensed Gangmasters’ (2016) 79 Modern Law Review 354).  The importance of ensuring legal certainty in drafting a general fraud offence was emphasized when the Fraud Bill was debated in the House of Commons a decade ago (Hansard, HC 12 June 2006, col 549).  Dominic Grieve MP’s concerns that fraud by abuse of position was ‘too widely drafted’, and would lead to ‘a catch-all provision that will be a nightmare of judicial interpretation’ (Standing Committee B, 20 June 2006, col 25) remain relevant to what has resulted in sections 1 and 4 of the Fraud Act 2006.  Does R v Valujevs shed new light on the principled operation of the offence?  And is the Court of Appeal’s interpretation in line with concerns at the Committee stage to safeguard vulnerable categories of persons (Standing Committee B, 20 June 2006, col 26)? (more…)

Brexit and Worker Rights

By Prof Michael Ford QC, Professor of Law (University of Bristol Law School).

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It is now pretty well-known that most of the employment rights in the UK are guaranteed by EU law—the principal exceptions are unfair dismissal and the national minimum wage —as I explained in a recent advice for the TUC. UK legislation on race discrimination, sex discrimination, equal pay and disability discrimination may have pre-dated EU Directives in these areas, but EU law led to protection against other forms of discrimination, such as detrimental treatment owing to age, sexual orientation and religion and belief. Over the years EU law has greatly supplemented or overwritten the domestic regime, almost always in favour of workers’ rights – removing limits on damages, recognising that pregnancy discrimination did not need a comparator, changing rules on the burden of proof, allowing equal pay claims for work of equal value, protecting against harassment and post-employment victimisation. I could go on.

Now extending far beyond discrimination, the EU-guaranteed rights include almost all the working time protections, including paid annual leave and limits on working hours; the protection of agency, fixed-term and part-time workers; rights on the transfers of an undertaking (extremely significant in a world dominated by out-sourcing); many rights to information and collective consultation; the most important health and safety regulations; the right to a written statement of terms of employment; protections in insolvency derived from the EU Insolvency Directive, which led to important extensions to the state guarantee of pension benefits and protection of other claims where the employer is insolvent (no doubt to be in play in relation to British Home Stores); and EU data protection law, the driving force behind the Information Commissioner’s Employment Practices Code, providing some controls over the monitoring and surveillance of workers. (more…)