A husband and wife from the Scottish Highlands have been disqualified from serving as company directors after they were found to have employed illegal workers at their Chinese takeaway. Immigration Enforcement officers discovered three individuals working illegally at The Jade Garden in Bonar Bridge, leading to the five-year bans.
Yu Jian Chen, 39, and his wife Yunqin He, 38, were the directors of JG Sutherland Limited, which operated The Jade Garden. During a January 2023 raid, Immigration Enforcement officials found two Chinese men and a Malaysian woman working without the legal right to do so.
£45,000 fine for immigration breach remains unpaid
Following the raid, the authorities imposed a £45,000 fine on The Jade Garden for breaching immigration laws. However, the fine remains unpaid. Just five days after the raid, Chen resigned from his position as director. Despite this, disqualification proceedings continued, and on 19 September 2023, the Secretary of State for Business and Trade accepted undertakings from both Chen and He.
These bans will prevent the couple from forming, promoting, or managing any company for the next five years unless they obtain permission from the court.
Illegal working poses risks to vulnerable individuals and the public purse
Dave Magrath, Director of Investigation and Enforcement Services at the Insolvency Service, emphasised the wider impact of illegal employment. He stated:
“By employing individuals without the right to work, Yu Jian Chen and Yunqin He not only breached their statutory obligations but also placed vulnerable people at risk of exploitation.”
Magrath also pointed out that hiring illegal workers deprives the public purse of much-needed funds. “We are committed to supporting the Home Office in taking firm action against rogue directors,” he said.
Illegal Working Undercuts Legitimate Businesses
Brian Gillespie, Immigration Compliance Enforcement lead for Scotland, highlighted the harm that illegal working causes to both honest employers and the economy. “Illegal working undermines legitimate businesses by creating an uneven playing field,” he said. Gillespie also noted the risk of exploitation for vulnerable individuals and the broader economic damage caused by unpaid taxes.
He praised the close cooperation between the Home Office and the Insolvency Service in securing these disqualification bans. “This case shows the importance of cracking down on illegal employment to protect legitimate businesses and workers,” he added.
Cooperation between the Home Office and Insolvency Service secures disqualification bans
Chen and He’s five-year disqualification prevents them from managing or forming any company during that period unless they secure permission from the court. Public records confirm that JG Sutherland Limited, which operated The Jade Garden, was registered under company number SC738578. The couple’s trading address was listed as Unit 2, South Bonar Industrial Estate, Bonar Bridge.
The case serves as a warning to other business owners about the consequences of flouting immigration laws. By ignoring these regulations, employers risk severe financial penalties and bans that could affect their future business opportunities.
The Role of Immigration Enforcement in Protecting Workers
Immigration Enforcement continues to work with the Insolvency Service to tackle illegal employment practices across the UK. These efforts aim to protect both vulnerable workers and legitimate businesses, ensuring that companies comply with UK employment laws.
