Nov

02

Director Disqualified For Employing Illegal Worker

POSTED BY IN law


If you want to start a heated debate at the moment in the United Kingdom, all you need to do is bring up the topic of immigration and then sit back and see what unfolds. There is an awful lot of viewpoints about this topic at the moment and it is understandable that people on all sides have some strong viewpoints and a lot of points to make. It can be difficult to have a reasonable debate because many people don’t rely on logic or fact when it comes to making their point. There is no doubt that there is a great deal of emotion associated with immigration and this is why so many people want to have their say on the matter and will continue to argue long into the night about the topic.

One story that is sure to add some fire to the debate is the fact that a restaurant boos has been disqualified as acting as a director for a period of 6 years. This comes on the back of the fact that Yuk Kwai Chan was found to have employed an illegal worker at the Mr Pang’s Chinese Restaurant in Stamford. The restaurant was visited by officers back in 2014 when the worker was found.

A 6 year ban for employing an illegal worker

Mr Chan has given an undertaken to the Insolvency Service that he will not control or manage a limited company for a period of 6 years, which will take him up to 2021. Some people may say that this is a harsh punishment but this is what happens when you are a director of a company. A director has a great number of responsibilities associated with the role and if they are found to be in breach of these responsibilities, a punishment that is often handed down will see them stripped of their right to act as a director.

It may be that there are times when a director is duped into giving a job to someone who is not actually allowed to work but considering the nature and extent of the punishment, you would like to think that a thorough investigation has shown that Mr Chan was well aware of his actions. If this was indeed the case, and the fact that Mr Chan gave an undertaking indicates that he was of no mind to appeal the decision, suggests that this was indeed the case. When you think about the fact that there are so many people clamouring for jobs in the United Kingdom, some people will say that this is a deserved punishment. After all, if there was a job available, surely it could have been issued to a local resident or someone who was close by with experience.

You can see why some business owners take the risk in employing illegal workers

There is of course the other matter that comes with the fact that illegal workers are usually paid a lot less money. There is no need for employers to be so concerned about the minimum wage and paying tax when someone is being employed in an underhanded manner. All of these reasons are factors in why a director acting in this manner would be found to be in breach of his directorial responsibilities.

Anthea Simpson is the Head of Company Investigations and she said; “The Insolvency Service rigorously pursues directors who break employment and immigration laws. Taking on staff illegally means those staff do not enjoy basic employment rights and is a clear breach of a director’s duties. 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 obligations as well as protections, and this should serve as a warning to other directors tempted to take on illegal staff.”

A spokesperson for the home Office 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.”

Any director that finds themselves facing a band needs to make sure that they are properly represented. This is crucial because an experienced defence solicitor could actually be the difference in the length of ban that they receive. Any director looking to minimise a ban would be advised to call on a highly experienced and professional defence solicitor who can provide them with the support and representation they need.

Andrew Reilly is a freelance writer with a focus on news stories and consumer interest articles. He has been writing professionally for 9 years but has been writing for as long as he can care to remember. When Andrew isn’t sat behind a laptop or researching a story, he will be found watching a gig or a game of football.