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A restaurant owner has been disqualified from acting as director following his employment of two illegal workers in breach of the Immigration, Asylum and Nationality Act 2006. Home Office Immigration Enforcement Officers visited the restaurant and found that the director was employing two workers who were not eligible to work in the UK. The company went into liquidation on 31 July 2015, owing its creditors £33,802, of which £20,000 was the fine imposed by the Home Office Immigration Enforcement team for employing the two illegal workers.
Employers are responsible for ensuring that their companies do not employ workers who do not have the right to work within the UK. The company is requires to undertake, and prove that it has undertaken, checks on workers to establish their entitlement to work prior to recruitment.
The director signed a disqualification undertaking banning him from being a director of a company or from being involved in the promotion, formation, or management of a company for a period of six years.
In Redbourne Group Ltd v Fairgate Development Ltd (see here for judgment), the High Court adopted a strict approach against a Defendant who failed to file the defence in time and subsequently applied to set aside the default judgment and for relief from sanctions. Soon after the Jackson Reforms were implemented and particularly after the […]View More
Andrew Franks, Ellis Franks Ltd View More
Originally we placed our case to recoup losses from a Builder who claimed that they had run out of finance and were unable to complete the contract we had to self fund the completion of the work.
We approached a Solicitor’s practice and they advised that after many months are investigation they felt that the builder could not repay the amount. We approached Stripes and they offered a no win no fee approached and we accepted.
Immediately they began proceedings against the Builder and they Court accepted the Claim and the Builder agreed to pay off the debt. Since then we have had a full settlement which Stripes concluded on our behalf.