The Secretary of State for Business, Energy and Industrial Strategy accepted a disqualification undertaking from Mr Muhammad Nazrul Haque effective from 3 November 2017. The disqualification prevents Mr Haque, from directly or indirectly becoming involved in the promotion, formation or management of a company until November 2023.
Mr Haque’s disqualification follows an investigation by the Insolvency Service which found that he had failed to ensure that relevant immigration checks were completed and documents retained. This resulted in the Home Office issuing a penalty notice for £20,000 for employing two illegal workers.
Kolkata Foods Limited and was placed into Liquidation on 12 December 2016 with an estimated deficiency to creditors in excess of £28,000.
Robert Clarke, Senior Investigator, with the Insolvency Service, said:
The Insolvency Service pursues directors who fail to pay fines imposed by the government for breaking employment and immigration laws. We have worked closely in this case with our colleagues at the Home Office to achieve this disqualification.
The public has a right to expect that those who break the law will face the consequences. If you fail to comply with your obligations then the Insolvency Service will investigate you.
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.
Notes to editors
Mr Haque’s date of birth is 21 March 1972 and he resides in Didcot.
Kolkata Foods Limited (CRO No. 09009064) was incorporated on 24 April 2014 and traded as an Indian Restaurant from 222 Broadway, Didcot, OX11 8RS.
Mr Haque was a director from 24 April 2014 to Liquidation. The Company went into Creditors Voluntary Liquidation on 12 December 2016 with an estimated deficiency of £28,895.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
- act as a director of a company
- take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
- be a receiver of a company’s property
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.
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.
The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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Link: Press release: Disqualification on the menu for Indian restaurant director
Source: Gov Press Releases