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£30,000 fine and disqualification for hiring three illegal workers (27 April 2016)

Date: 27/04/2016
Duncan Lewis, Legal News Solicitors, £30,000 fine and disqualification for hiring three illegal workers

The director of an Indian restaurant has been disqualified from holding a directorship for six years, after he was found to be employing three illegal workers.

Naushad Khan, 44, from Surbiton in Surrey, was the director of NK Bros Limited and traded as East India Restaurant. The business – an Indian restaurant and take away – went into creditors’ voluntary liquidation on 13 January 2015, owing £43,555 to creditors.

NK Bros Limited was incorporated on 18 November 2009 and its registered office was at 51 (Basement) Fashion Street, London E1.

The disqualification of Naushad Khan follows an investigation by the Insolvency Service’s Insolvent Investigations Team.

On 29 January 2016, Khan signed a disqualification undertaking which bans him from being a company director – and from being involved in the management of a limited company in any way for six years from 23 February 2016.

Home Office Immigration Officers visited the premises on 11 June 2014 and discovered the illegal workers, as a result of which the company was fined a penalty of £30,000 by Home Office Immigration and Enforcement (HOIE) – a total of £10,000 for each illegal worker found.

The company raised objections, but these were rejected by HOIE and the fine remained in place.

The company made no payment to HOIE and ceased trading on 3 October 2014.

Commenting on the disqualification, Chief Examiner for Insolvent Investigations South at the Insolvency Service, Mark Bruce, said:

“This director sought an unfair advantage over their competitors by employing individuals who did not have the right to work in the UK.

“The Insolvency Service rigorously investigates directors who breach employment and immigration legislation – and this ban should act as a warning to other employers who are flouting the law.

“Directors who also seek to obtain commercial advantage over their competitors show a total disregard for the business community generally.”

Under UK immigration law, employers found to be employing workers illegally without checking their eligibility to work in the UK can be fined £10,000 for each worker.

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