Director Disqualification for Employing Illegal Workers

Director Disqualification for 6 Years for Employing Illegal Workers. 

This story shows that director disqualification can be the outcome if a company director(s) does not meet his/her legal responsibility as a UK employer to ensure that when they do employ non-European Economic Area migrants, the migrants have valid leave to remain in the UK. Indeed, director disqualification for employing illegal workers has been on the increase in the UK this year.

The Details of This Director Disqualification case

In this case, reported by the Insolvency Service (and working in conjunction with the Home Office) Sameena Bi Shaikh, a director of SN Clothing in Leicester, which went into liquidation in February 2014 owing £119,026 to creditors, received a director disqualification period of 6 years for employing 6 workers who were not eligible to work in the UK in June 2013. In addition to the director disqualification, the company was fined £25,000 for employing illegal workers under the Immigration, Asylum and Nationality Act, 2006.

Sue MacLeod, The Insolvency Service’s Chief Investigator of Insolvent Investigations, Midlands & West, in explaining this director disqualification 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 taxpayer and undercut honest competitors. This should serve as a warning to other directors who may feel tempted to break the law.”

Mrs Shaikh’s director disqualification period, whose undertaking was accepted by Sajid Javid the Secretary of  State for Business, Innovation and Skills, means that she is banned from acting as a company director or from managing or in any way controlling a limited company until 2021.

Director Disqualification for Employing Illegal Workers is on the Increase – We Can Help

As director disqualification specialists, we have seen that director disqualification for employing illegal workers is on the increase, and not just in the clothing industry as in this case. It is also happening in the restaurant, warehousing, retail and building industries, amongst many other sectors.

Our team of director disqualification solicitors, led by Neil Davies, knows how serious the consequences of director disqualification can be, commercially and for the director and his/her family. If you are faced with director disqualification for alleged employment of illegal workers (or any other allegation of not meeting your legal responsibilities as a director) taking expert legal advice as early as possible is vitally important, as it might help to eliminate the prospect of disqualification, or result in a lower period of disqualification.

If you have a director disqualification problem, call us now on 0121 200 7040 for a FREE initial discussion or contact us. The quicker you get in touch, the more we can do to help.

 

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