The director of an Indian restaurant in Romsey has been disqualified for seven years for employing illegal workers.
Mohammad Shajahan 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.
Mr Shajahan was the director of a restaurant company, Rose Garden (UK) Limited (Rose), trading under the name Alresford Indian & Bangladeshi Restaurant. On 9 March 2016 Home Office Immigration Enforcement Officers established that Rose 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 Mr 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.
Commenting on the disqualification, Robert Clarke, 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.