The director of an Indian Restaurant in Southend-On-Sea has been disqualified for 6 years for employing illegal workers.
Anwar Hussain (“Mr Hussain”) has given an undertaking to the Secretary of State for Business, Energy & Industrial Strategy, which prevents him from becoming directly or indirectly involved in the promotion, formation or management of a company for six years from 9 November 2016.
Mr Hussain was the director of a restaurant company trading under the name Mim Spice and on 29 April 2015 Home Office Immigration Enforcement Officers discovered that he was employing 3 workers who were not eligible to work in the UK.
The company went into liquidation on 2 December 2015 owing £34,296 to creditors, of which £30,000 was the fine imposed by the Home Office Immigration and Enforcement for employing the three 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 defraud the tax payer and undercut honest competitors.
“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 that show a person is entitled to work
“The public has a right to expect that those who break the law will face the consequences and this should serve as a warning to other directors tempted to take on illegal staff”.
Notes to editors
Star Look Limited (Company Registration Number 09218860) was incorporated on 15 September 2014. The company traded from 32 High Street, Southend-On-Sea, SS3 0EQ; the registered office was 27 Church Street, Rickmansworth, Hertfordshire, WD3 1DE.
Anwar Hussain (date of birth 2 April 1990) was a formally appointed director between 15 September 2014 and liquidation.
The company went into Liquidation on 2 December 2015. On 19 October 2016 the Secretary of State accepted a Disqualification Undertaking from Mr Hussain effective from 9 November 2016, for 6 years.
The matters of unfit conduct being that:-
Anwar Hussain failed to ensure that Star Look Limited trading as Mim Spice 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 three illegal workers.
Following a visit from Home Office Immigration Officers on 29 April 2015, during which this breach was discovered, Star Look Limited was issued with a penalty notice in the sum of £30,000, 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
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, 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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