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Director of Indian restaurant banned for seven years for employing illegal workers (15 February 2017)

Date: 15/02/2017
Duncan Lewis, Legal News Solicitors, Director of Indian restaurant banned for seven years for employing illegal workers

The director of an Indian restaurant in Hampshire has been disqualified for seven years for employing illegal workers.

Mohammad Shajahan, 50, 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 seven years from 20 December 2016.

Shajahan was the director of a restaurant company – Rose Garden (UK) Limited (Rose), trading under the name Alresford Indian & Bangladeshi Restaurant. He was a formally appointed director between 20 September 2012 and liquidation.

Following a visit from Home Office Immigration Officers in January 2016, the breach regarding immigration law was discovered and Rose Garden (UK) Limited was issued with a penalty notice in the sum of £100,000, which remained outstanding at the date of liquidation.

On 9 March 2016, Home Office Immigration Enforcement Officers established that Rose – based at 21 Broad Street in Alresford, Hampshire – was employing five workers who were not eligible to work in the UK.

Rose went into liquidation on 25 April 2016, owing £223,547 to creditors – of which £100,000 was the fine imposed by the Home Office Immigration and Enforcement for employing the five illegal workers.

The Insolvency Service’s investigation concluded that Shajahan failed to ensure that Rose complied with its statutory obligations under immigration legislation; to ensure that relevant immigration checks were completed and copy documents retained, resulting in the employment of the five illegal workers.

Chief Investigator at The Insolvency Service, Robert Clarke, 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 taxpayer 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.”

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