Hiring illegal workers sees restaurant owner banned for six years
Restaurant owner Mohammed Zaheedul Islam Miah, 25, who employed 2 illegal immigrants at his restaurant, Ali Baba Restaurant, in Watford, Hertfordshire has been disqualified for 6 years from being a director of a limited company .
Mr. Miah gave an undertaking to the Insolvency Service not to manage or control a company for six years until 2021. His disqualification will commence on 22 December 2015.
In signing the undertaking, Mr Miah did not dispute that:
While a director of Rajpoot Balti Limited, he failed to ensure that Rajpoot Balti Limited complied with its statutory obligations under The Immigration, Asylum and Nationality Act 2006, to ensure that relevant immigration checks were completed and copy documents retained, resulting in the employment of two illegal workers.
Following a visit from Home Office Immigration Officers on 18 June 2014, during which the illegal workers and thus the breach, was discovered, Rajpoot was issued with a £20,000 penalty notice, which remained outstanding at the date of liquidation.
Robert Clarke, Group Leader, Insolvent Investigations North, said:
The Insolvency Service rigorously pursues directors who break employment and immigration laws. Taking on staff illegally means those staff do not enjoy basic employment rights and is a clear breach of a director’s duties. The public has a right to expect that those who break the law will face the consequences. Running a limited company means you have statutory obligations as well as protections, and this should serve as a warning to other directors tempted to take on illegal staff.
Notes to Editors
Mr Miah’s date of birth is 6 November 1990 and he resides in Rickmansworth, Hertfordshire. Rajpoot Balti Limited (CRO No. 08722713) was incorporated on 08 October 2013 and traded as Ali Baba an Indian Restaurant from 13 King Street, Watford, Hertfordshire, WD18 0BW.
Mr Miah was the sole director from 08 October 2013 to 20 January 2015. The Company went into Liquidation on 20 January 2015 with an estimated deficiency of £34,325.
On 01 December 2015, the Secretary of State accepted a Disqualification Undertaking from Mohammed Miah, effective from 22 December 2015, for a period of 6 years.
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 is available.
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: 16 December 2015
From: The Insolvency Service