Octopus and Petit Bistro staff illegally employed

Tuesday 20 February 2018

Proprietors of two popular eating establishments have been fined for employing and housing staff illegally between August 2016 and July 2017.

Representing M & D Limited, Delphine Pesrin-Auder pleaded guilty to all seven charges relating to four employees who worked at Le Petit Bistro and Octopus.

The charges against M & D Limited concerned two staff who worked at Octopus and two who worked at Le Petit Bistro. The further charges were relating to three of those staff, who were occupying a dwelling without the necessary housing licence or permit.

Pictured: Octopus

The Prosecuting Officer outlined the charges, explaining that, in addition to these offences, Pesrin-Auder had been given a recorded warning about employing illegal staff in July 2010 and she had been further reminded last year that it was a criminal offence to employ or house staff without a valid right to work. 

A woman was employed by M & D Limited in a HR capacity, and the employed staff had been led to believe that their licence applications were in hand having filled out necessary paperwork. In an interview on 3 August 2017 under caution Pesrin-Auder was asked what she could have done better to which she responded: "Everything."

The defence lawyer stated that Pesrin-Auder had pleaded guilty and reminded the court there was nothing historically recorded against the company. He reiterated that the laws were in place to stop immigration and the black economy, but said his client was not responsible for either of those situations as the company, M & D Limited, had been paying the employees' tax and social security contributions.

He said the company employed around 60 people and due to the nature of the work, and staff turnover, the old regime of Housing Licence applications had been difficult to follow, but since the new system had been introduced he said Pesrin-Auder had regularised the two remaining employed staff concerned and everyone was now working legally. The previous HR manager no longer works for the company.

M & D Limited were fined £500 for each offence making a total of £3,500 which was agreed to be paid on the spot. In summing up Judge McKerrell said that although the legislation is not always straightforward it is not complicated enough to warrant non-compliance. He took into account the guilty pleas and previous good record although he said the company was ultimately responsible and had previously been warned about such offences.

Pictured main image: Le Petit Bistro