Norman Musa, a director of NMR Trading Ltd which traded as Ning Restaurant, Manchester, will not be able to run a business until December 2021.
The disqualification, which follows an investigation by the Insolvency Service and means Mr Musa cannot control or manage a limited company for the duration of his disqualification.
The Insolvency Service’s investigation found Mr Musa failed to ensure that the business completed relevant immigration checks on its employees, resulting in the employment of 2 illegal workers.
The breach was discovered following a visit to the restaurant from Home Office Immigration Officers on 2 October 2014, and a penalty notice of £20,000 was imposed on the company. The penalty remained unpaid at Liquidation on 15 December 2014.
Robert Clarke, Head of Insolvent Investigations North at the Insolvency Service, said:
The Insolvency Service rigorously pursues directors who fail to pay fines imposed by the government for breaking employment and immigration laws. We have worked closely in this case with our colleagues at the Home Office to achieve this disqualification.
The director sought an unfair advantage over his competitors by employing an individual who did not have the right to work in the UK in breach of his duties as a director.
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. If you fail to comply with your obligations then the Insolvency Service will investigate you.
A Home Office spokesperson said:
Illegal working is not victimless. It undercuts honest employers, cheats legitimate job seekers out of employment opportunities and defrauds the taxpayer.
Businesses should be aware that they have a duty to check that their staff have permission to work in the UK.
We are happy to work with employers who play by the rules but those who do not should know that they will not go under our radar.
Notes to editors
Mr Musa’s date of birth is November 1974 and he resides in Birmingham.
NMR Trading Limited (CRO No. 08479262) was incorporated on 08 April 2013 and traded as Ning Restaurant from 92/94 Oldham Street, Manchester, M4 1LJ.
Mr Musa was a director from 09 April 2013 until the company went into liquidation on 15 December 2014.The estimated deficiency at the date of Liquidation was £66,097.
On 17 November 2016, the Secretary of State accepted a Disqualification Undertaking from Norman Musa, effective from 8 December 2016, for 5 years. The matters of unfitness, which Mr Musa did not dispute in the Disqualification Undertaking, were that Mr Musa failed to ensure that NMR Trading 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 02 October 2014 during which this breach was discovered, NMR was issued with a penalty notice in the sum of £20,000, which remained outstanding at liquidation.
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
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Persons subject to a disqualification order are bound by a range of other restrictions.
The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.
BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.
The agency also authorises and regulates the insolvency profession, 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: 14 March 2017
From: The Insolvency Service