Restaurant company director banned for 6 years for employing illegal workers
The director of a restaurant business in Weymouth has been disqualified as a director for employing illegal workers.
Jamal Uddin has given an undertaking to the Secretary of State for Business, Energy and Industrial Strategy, which prevents him from being directly or indirectly involved in the promotion, formation or management of a company for six years from 15 September 2016.
Mr Uddin was the director of a restaurant company trading under the name Weymouth Tandoori and on 27 January 2015 Home Office Immigration Enforcement Officers discovered that he was employing 2 workers who were not eligible to work in the UK.
The company went into liquidation on 31 July 2015 owing £33,802 to creditors, of which £20,000 was the fine imposed by the Home Office Immigration and Enforcement for employing two illegal workers.
Commenting on the disqualification, Sue MacLeod, Chief Investigator at the Insolvency Service said:
Illegal workers are not protected under employment law, and as well as cheating legitimate job seekers out of employment opportunities, these employers don’t ensure appropriate tax is paid, and as a result can undercut honest competitors.
This should serve as a warning to other directors who may feel tempted to break the law.
The Immigration, Asylum and Nationality Act 2006 makes employers responsible for preventing illegal workers in the UK. To comply with the law, a company must check and be able to prove documents have been checked prior to recruitment, showing that a person is entitled to work in the UK.
Notes to Editors
WT Restaurant Limited (Company Registration No. 08266802) was incorporated on 24 October 2012 and traded from 45 Maiden Street, Weymouth, Dorset DT4 8AZ.
Mr Jamal Uddin (date of birth 12 April 1957) was the sole registered director from 25 February 2014.
The company went into liquidation on 31 July 2015. On 25 August 2016, the Secretary of State for Business, Energy and Industrial Strategy accepted a Disqualification Undertaking from Mr Uddin, effective from 15 September 2016, for a period of 6 years.
The matters of unfit conduct being that: Jamal Uddin failed to ensure that WT Restaurant Limited trading as Weymouth Tandoori (WT) complied with its obligations in accordance with The Immigration, Asylum and Nationality Act 2006 and employed two illegal workers.
This led to a penalty of £20,000 which materially contributed to the insolvency of WT in that:
Jamal Uddin was appointed as a director of WT on 15 January 2014 and was the sole director from that date until the liquidation on 31 July 2015
WT’s trading premises were visited by Home Office Immigration Enforcement (HOIE) officers on 27 January 2015 and the company was found to be employing two workers who did not have permission to work in the United Kingdom (illegal workers)
on 26 February 2015 the HOIE issued WT with a Civil Penalty Notice for a civil penalty of £20,000 in respect of the company’s employment of illegal workers which was confirmed by way of a Correspondence Outcome Notice of 1 May 2015 following further correspondence with the company
WT failed to pay the penalty and entered into liquidation on 31 July 2015 with a deficiency of £31,502
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: 8 September 2016
From: The Insolvency Service