The Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety (Offences) Act 2008: corporate killing and the law

This thesis examines the regulatory and legislative approach taken in the United Kingdom to deal with deaths arising from work related activities and, in particular, deaths that can be directly attributed to the behaviour of corporations and other organisations. Workplace health and safety has traditionally been seen in the United Kingdom as a regulatory function which can be traced to the very earliest days of the Industrial Revolution. With an emphasis on preventing workplace accidents and ill-health through guidance, advice and support, the health and safety legislation and enforcement regime which had evolved over the best part of two centuries was considered inadequate to effectively punish corporations considered responsible for deaths caused by their activities following a series of disasters in the late twentieth and early twenty-first centuries. To address this apparent inadequacy, the Corporate Manslaughter and Corporate Homicide Act 2007 was introduced creating the offence of corporate manslaughter and corporate homicide. Based on a gross breach of a relevant duty of care resulting in the death of a person, the Act effectively changed what had previously considered a matter of regulation, an approach that had obvious weaknesses and shortcomings, to one of crime and criminal law. Whether this is the best approach to dealing with deaths caused by an organisation is challenged in this thesis and the apparent distinction between ‘criminal’ and ‘regulatory’ offences is also examined. It was found that an amended Health and Safety at Work etc. Act 1974 to include a specific offence of corporate killing, in conjunction with the Health and Safety (Offences) Act 2008 would almost certainly have resulted in a more effective approach to dealing with organisations responsible for causing deaths as consequence of their activities. It was also found that there was no substantive difference between ‘regulatory’ and ‘criminal’ law other than the stigma associated with the latter, and that distinction would almost certainly disappear, at least in the context of worker safety, as a consequence of the penalties available following the introduction of the Health and Safety (Offences) Act 2008.

Women, workplace militancy and political subjectivity in Britain, 1968-1985

This thesis examines the experiences and political subjectivity of women who engaged in workplace protest in Britain between 1968 and 1985. The study covers a period that has been identified with the ‘zenith’ of trade-union militancy in British labour history. The women’s liberation movement also emerged in this period, which produced a shift in public debates about gender roles and relations in the home and the workplace. Women’s trade union membership increased dramatically and trade unions increasingly committed themselves to supporting ‘women’s issues’. Industrial disputes involving working-class women have frequently been cited as evidence of women’s growing participation in the labour movement. However, the voices and experiences of female workers who engaged in workplace protest remain largely unexplored. This thesis addresses this space through an original analysis of the 1968 sewing-machinists’ strike at Ford, Dagenham; the 1976 equal pay strike at Trico, Brentford; the 1972 Sexton shoe factory occupation in Fakenham, Norfolk; the 1981 Lee Jeans factory occupation in Greenock, Inverclyde and the 1984-1985 sewing-machinists’ strike at Ford Dagenham. Drawing upon a combination of oral history and written sources, this study contributes a fresh understanding of the relationship between feminism, workplace activism and trade unionism during the years 1968-1985. In every dispute considered in this thesis, women’s behaviour was perceived by observers as novel, ‘historic’ or extraordinary. But the women did not think of themselves as extraordinary, and rather understood their behaviour as a legitimate and justified response to their everyday experiences of gender and class antagonism. The industrial disputes analysed in this thesis show that women’s workplace militancy was not simply a direct response to women’s heightened presence in trade unions. The women involved in these disputes were more likely to understand their experiences of workplace activism as an expression of the economic, social and subjective value of their work. Whilst they did not adopt a feminist identity or associate their action with the WLM, they spoke about themselves and their motivations in a manner that emphasised feminist values of equality, autonomy and self-worth.