The director of an Indian restaurant in Taunton has been disqualified for six years for employing illegal workers.
Rothna Kalam (Mrs Kalam) has given an undertaking to the Secretary of State for Business, Energy & Industrial Strategy, which prevents her from becoming directly or indirectly involved in the promotion, formation or management of a company for six years from 16 December 2016.
Mrs Kalam was the director of a restaurant company, Pink Garlic (Taunton) Limited, trading under the name Pink Garlic and on 27 February 2015 Home Office Immigration Enforcement Officers discovered that she was employing two workers who were not eligible to work in the UK.
The company went into liquidation on 18 May 2016 owing ?45,194 to creditors, of which ?30,000 was the fine imposed by the Home Office Immigration and Enforcement for employing the two illegal workers.
The unfit conduct that led to Rothna Kalam giving the Undertaking included that she failed to ensure that Pink Garlic (Taunton) Limited complied with its statutory obligations under immigration laws to ensure that relevant immigration checks were completed and copy documents retained, resulting in the employment of two illegal workers.
Commenting on the disqualification, Sue Macleod, 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.