Breaching Gangmaster regulations: mother and daughter share 16 year ban
Tajinder Kaur Singh and Amandip Kaur Singh directors of The Superior Service Company Ltd, have landed a company director disqualification.
A mother, Tajinder Kaur Singh, a company director aged 49, and her daughter, Amandip Kaur Singh aged 23, also a company director and both from Bexley Heath, Kent have been disqualified for 11 years and 5 years respectively. From February 2016 both are banned from being a company director and from being involved in the management of a limited company in any way for the duration of their disqualifications.
Following an investigation by the Insolvency Service’s Public Interest Unit, each director gave an undertaking to the Secretary of State for Business Innovation & Skills not to be involved in the control or management of a limited company.
The investigation found the directors had breached the Gangmaster Licensing Authority Regulations 2005, failed to pay VAT due to HMRC of £139,926 and failed to maintain or preserve adequate accounting records as well as failing to account for the proceeds of sale of a property worth £125,000 and payments totalling £140,000 from the company bank account.
The company traded as a Gangmaster providing temporary workers to factories and farms.
The Investigation found that Mrs Tajinder Singh caused The Superior Service Company Ltd to breach Gang-masters Licensing Authority Regulations. The breaches included persistent and systematic failure to pay workers holiday pay due, providing sub standard accommodation to workers, Mrs Tajinder Singh failed the Gangmaster Licensing Authority’s ‘fit and proper’ test in determining her competency and capability to act as a Principal Authority and hold a Gang-master license.
Both directors were responsible for the company failing to submit VAT returns when due and failing to pay VAT totalling £139,926. They were both also responsible for the failure to preserve or maintain adequate accounting records and were unable to explain what happened to the proceeds of sale of a property worth £125,000 as well as payments of £140,000 from the company bank account in the months before the winding up order was made against The Superior Service Company Ltd.
Paul Titherington, the Official Receiver in the Public Interest Unit said:
These disqualifications send a clear message that exploitation of vulnerable workers will not be tolerated.
The Insolvency Service will take firm action when we find that vulnerable workers are being treated unfairly and not receiving the pay, benefits and conditions they are entitled to. The Insolvency Service will not hesitate to use its enforcement powers to investigate and disqualify directors who act in this way.
Notes to editors
Mrs Tajinder Kaur Singh is of Bexley Heath, Kent and her date of birth is 20 September 1966.
Mrs Amandip Kaur Singh is of Bexley Heath, Kent and her date of birth is 27 November 1992.
The Superior Service Company Ltd (Company Reg no.03490062) was incorporated on 8 January 1998 and ordered into compulsory liquidation on 24 March 2014.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
act as a director of a company
take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
be a receiver of a company’s property
In addition that person cannot act as an insolvency practitioner and there are many other restrictions are placed on disqualified directors by other regulations.
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Further information on director disqualifications and restrictions can be found here.
The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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Published: 18 May 2016
From: The Insolvency Service