Davies, P; Bogg, A; (2020) Accessory Liability for National Minimum Wage Violations in the Fissured Workplace. In: Bogg, A and Collins, J and Freedland, M and Herring, J, (eds.) Criminality at Work. (pp. 432-452). Oxford University Press: Oxford, UK.

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Abstract

This chapter examines whether ‘accessory liability’ could provide a way of attributing criminal liability to lead companies in supply chains where those lead companies are not functioning as ‘employers’. For example, company X subcontracts a particular economic activity to company Y, and Y then employs workers to fulfil the requirements of its commercial contract with X. Accessory liability criminalizes those who intentionally assist or encourage the commission of principal offences, thereby extending the web of criminal liability beyond principal parties. This could provide a principled way of responding to enforcement problems in the ‘fissured workplace’. Furthermore, this would be consistent with the requirements of fair labelling and culpability in general criminal law, by avoiding the fictional attribution of ‘employer’ status to entities that are not employing.

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