Countrywide crackdown continues - 20 directors of 16 more companies disqualified for employing illegal workers

24 Nov 2017 01:16 PM

The directors of restaurants in Antrim, Glasgow, Bognor Regis and Newport, South Wales are amongst the latest company directors to receive lengthy bans for employing illegal workers.

In all, 20 directors in 16 separate businesses across the United Kingdom have been disqualified recently, following investigations by the Insolvency Service, all of whom were already fined for employing illegal workers. Eighteen people have been banned from being company directors or being involved in the management of companies for six years each, whilst two have been disqualified for 7 years.

The businesses, which include 11 restaurants, four takeaway/fast food establishments, and a shop, are based in London (4), Sussex (3), North West (3) South Wales (2), Glasgow, Antrim, Frome and High Wycombe.

Between them, they employed 41 illegal workers and were fined a total of £505,000 by the Home Office, none of which was paid. Two of the companies have now entered into liquidation, with a further two having been dissolved.

The Insolvency Service is continuing to work very closely with Home Office Immigration Enforcement to take action in cases where the company is still active and not subject to insolvency proceedings.

The matters leading to all of the disqualifications are that the directors failed to ensure that the companies complied with statutory obligations under The Immigration, Asylum and Nationality Act 2006 to ensure that relevant immigration checks were completed and copy documents retained, resulting in the employment of illegal workers.

Following visits from Home Office Immigration, during which the breaches were discovered, the companies were issued with penalty notices ranging from £10,000 to £15,000 per worker, which remain unpaid.

All were directors of the companies at the time of the Home Office visit.

Commenting on the disqualification, Cheryl Lambert, Chief Investigator at the Insolvency Service, said:

Employing illegal workers is not consequence free, either for the employer, the employee or the consumer.

These directors sought an unfair advantage over their law abiding competitors by employing people who were not entitled to work legally in the UK. By definition this is a set of people who are without the protection of the law and knowledge of the authorities, and thereby extremely vulnerable to exploitation in all its forms.

It is bad for business and bad for society as a whole.

If a company is found to be employing illegal workers and not carrying out the checks they are required to by law, then the Insolvency Service will continue to liaise with the Home Office to ensure that not only the workers, but the employers will be removed from the market place. This is regardless of the whether the company remains trading or is in Liquidation

These actions are a warning that the Government is pursuing bad employers.

A Home Office spokesperson said:

Illegal working is not victimless. It undercuts honest employers, cheats legitimate job seekers out of employment opportunities and defrauds the taxpayer.

Businesses should be aware that they have a duty to check that their staff have permission to work in the UK.

We are happy to work with employers who play by the rules but those who do not, should know that they will not go under our radar.

The disqualified directors are:

London

Sussex

North West area

South Wales

Glasgow

Northern Ireland

Somerset

High Wycombe

Notes to editors

All disqualifications take legal effect 21 days after the date shown.

The personal details of the directors and current status of the limited companies are shown below, in the same order as presented as above.

London

Sussex

North West area

South Wales

Glasgow

High Wycombe

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures. Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

All public enquiries concerning the affairs of the companies should be made to: Cheryl Lambert, Head of Outsourced Investigations, Investigations and Enforcement Services, The Insolvency Service, 3rd Floor, Abbey Orchard Street, London SW1P 2HT. Tel: 0207 596 6117. Email: Cheryl.Lambert@insolvency.gsi.gov.uk.