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Business Immigration Solicitors

Takeaway director disqualified for employing illegal worker (17 August 2017)

Date: 17/08/2017
Duncan Lewis, Business Immigration Solicitors, Takeaway director disqualified for employing illegal worker

The director of an Indian takeaway has been disqualified for six years, for failing to comply with UK immigration law at his Chichester business.

Masum Ahmed, 44, from Portsmouth, was the director of the India Gate takeaway in Chichester, West Sussex – India Gate was the trading name of Chi Spice Limited.

On 6 July, the Secretary of State accepted a disqualification undertaking from Mr Ahmed, effective from 27 July 2017 for six years.

The disqualification prevents him from directly or indirectly becoming involved in the promotion, formation or management of a limited company until July 2023.

Ahmed’s disqualification follows an investigation by the Insolvency Service, which found he had failed to comply with statutory obligations under immigration law – specifically that he failed to ensure relevant immigration checks were completed and documents retained, resulting in the employment of an illegal worker. As a result, the Home Office issued a penalty notice of £15,000.

Chi Spice Limited was placed into Liquidation on 18 August 2016, with an estimated deficiency to creditors in excess of £55,000.

Senior Investigator, Robert Clarke, 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 protections as well as obligations.

“If you fail to comply with your obligations, then the Insolvency Service will investigate you.”

A Home Office spokesperson added:

“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.”

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