QUDOS LEISURE LIMITED v. THE ADVOCATE GENERAL FOR SCOTLAND [2009] ScotSC 190 (29 December 2009)

QUDOS LEISURE LIMITED v. THE ADVOCATE GENERAL FOR SCOTLAND [2009] ScotSC 190 (29 December 2009)

The employer failed to update and record evidence of the employee's right to work after the expiry date, thus no check was carried out as required by statute and Code of Practice. The penalty imposed was correct, with reduction for cooperation.

Citation
[2009] ScotSC 190
Parties
Pursuer and Appellant: Qudos Leisure Limited; Defender and Respondent: The Rt. Honourable The Lord Davidson of Glenclova, The Advocate General for Scotland, representing the UK Border Agency
Jurisdiction
Scotland
Judgment Date
29 December 2009
Procedural Posture
Summary Application / Appeal Against Civil Penalty
Outcome
appeal dismissed
Legal Topics
Civil Penalty for Employing Illegal Workers, Statutory Excuse, Record Keeping Obligations, Code of Practice Compliance
Immigration Law Employment Law Civil Penalty for Employing Illegal Workers Statutory Excuse Record Keeping Obligations Code of Practice Compliance

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Parties

Qudos Leisure Limited

Pursuer and Appellant

The Rt. Honourable The Lord Davidson of Glenclova, The Advocate General for Scotland, representing the UK Border Agency

Defender and Respondent

Procedural Posture

Summary Application / Appeal Against Civil Penalty

Legal Issues

  1. 1 Whether the employer complied with statutory requirements to check and record employee's right to work
  2. 2 Whether the civil penalty imposed was excessive

Ratio Decidendi

The employer failed to update and record evidence of the employee's right to work after the expiry date, thus no check was carried out as required by statute and Code of Practice. The penalty imposed was correct, with reduction for cooperation.

Court Disposition

appeal dismissed

Orders

  • Application dismissed
  • Civil penalty of £5,000.00 confirmed