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Disqualification for restaurant director who employed illegal workers (4 October 2016)

Date: 04/10/2016
Duncan Lewis, Legal News Solicitors, Disqualification for restaurant director who employed illegal workers

The director of a restaurant who hired illegal workers has been banned from holding a directorship for seven years.

Syed Ahmed, 53, was the sole registered director of Hook Tandoori Limited, which traded as an Indian restaurant in Hook, Hampshire.

He was disqualified from acting as a company director for seven years from 7 September 2016, after employing three workers who did not have the right to work in the UK.

Ahmed’s disqualification follows collaboration between the Insolvency Service and Home Office Immigration Enforcement (formerly UK Border Agency).

The Secretary of State for Business, Innovation and Skills (now The Secretary of State for Business, Energy and Industrial Strategy) brought proceedings against Syed Ahmed – and on 8th August 2016, the case was heard at Guildford County Court.

Upon hearing the evidence – and with Ahmed failing to appear in court – a seven-year disqualification order was made against him. He was also ordered to pay costs being in excess of £4,600.

Having inspected the premises of Hook Tandoori Limited in October 2013, UK Border Agency officials found three illegal workers and imposed a penalty of £15,000.

Less than one week after the UK Border Agency officials visited the restaurant, Syed Ahmed made a series of regular payments to himself amounting to £15,000.

The company did not pay the £15,000 penalty imposed by the UK Border Agency and ceased trading in January 2014.

At liquidation in January 2014, the company had a recorded deficiency in excess of £126,000 – including £15,000 owed to the UK Border Agency in respect of the penalty imposed for employing three illegal workers.

Deputy Head of Investigations with the Insolvency Service, Lawrence Zussman, said:

“The Insolvency Service rigorously pursues directors who fail to pay penalties 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 to gain an unfair advantage over his competitors by employing individuals who did not have the right to work in the UK, in breach of his duty 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, the Insolvency Service will investigate – and you run the risk of being removed from the business environment.”

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