Restaurant owner Harcharan Singh Sekhon, 40, who employed 4 illegal immigrants at his restaurant Bombay Blues in Glasgow, has been disqualified for 6 years from being a director of a limited company.
Mr Singh Sekhon gave an undertaking to the Insolvency Service not to manage or control a company for six years, from 19 February 2016 until 2022.
An investigation by the Insolvency Service found that, while a director of Kirkcrest Limited, Mr Sekhon’s failure to ensure that the company complied with its statutory obligations under immigration law (specifically, to make sure that relevant immigration checks were completed and copy documents retained), resulted in the employment of 4 illegal workers.
Following a visit from Home Office Immigration officers in January 2015, during which the illegal workers - and thus the breach - were discovered, the company was issued with a £25,000 penalty notice, which remained outstanding at the date of liquidation.
In addition, all of the illegal workers were found to be paid less than the national minimum wage, contrary to the National Minimum Wage Act 1998.
Robert Clarke, Group Leader, Insolvent Investigations North, said:
The Insolvency Service rigorously pursues directors who break employment and immigration laws. Taking on staff illegally means they do not enjoy basic employment rights, 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 brings with it statutory obligations as well as protections, and this should serve as a warning to other directors tempted to take on illegal staff.
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