Counsel Tony Muman appeared on behalf of the Secretary of State for the Home Department in a Civil Penalties appeal today in Newcastle-Upon-Tyne.

The case concerned the question of whether the worker had the right to work in a supplementary employment role with a second employer and also for the type of work he was doing. In part, the issue turned on the intricacies of being a chef versus being a cook.

In dismissing the appeal, His Honour Judge Thomas observed that it is right that the civil penalty was punitive in nature, that the Home Office was right to issue one in these circumstances, and that the Home Office were right to set it at £40,000 in part for a wider deterrent message to be sent. HHJ Thomas also ordered the Employer to pay the Home Office costs in full.

Tony Muman acted for the Home Office instructed by Danielle Cavannagh and the excellent team at Keoghs Solicitors. Tony is an expert in civil penalty cases and acts for both Home Office and Employers.