False Claims on a CV - What to Do

According to research carried out by the University of Law, formerly the College of Law, more than half of CVs submitted by job applicants contain lies or inaccuracies.

Nearly one in five of those surveyed (17 per cent) said their reason for lying was concern that their lack of experience meant they had little chance of landing the job, and 14 per cent said they would lie to ensure their CV stood out from the pack. Nearly a third of respondents said the experience section of a job application was the area in which they felt most pressure to exaggerate their CV, while 24 per cent felt the need to embellish on their skill set. 27 per cent of those surveyed were most comfortable lying about their past job experience, 22 per cent were most comfortable being deceitful about their hobbies and interests, and 19 per cent about their skills.

The results tally with earlier research by the Risk Advisory Group, which also found that more than half of CVs submitted by job applicants contained lies or inaccuracies. These ranged from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed against previous employers.

So what can you do if you discover that one of your employees has secured a job by lying? There are two potential actions available to the employer either for breach of contract or under the law of misrepresentation.

Breach of Contract

If an employee continues to work for you without revealing the truth, then they are in breach of the duty of trust and confidence which is implied in every employment contract. If the breach is 'fundamental',an employer can dismiss the employee immediately, without notice or compensation. An example of a fundamental breach might be lying about the class of degree obtained. Care must be taken to make sure the breach of contract is sufficiently serious to justify such action.

Misrepresentation

Misrepresentation arises where an inaccurate statement of fact is made which induces the employer to enter into a contract of employment. The misrepresentation need not be the only inducement. For example, an employee who falsely claims to have a good academic record may have made other statements on their CV that are true. If the misrepresentation was a material factor in inducing the employer to offer the candidate the job, the employer may be entitled to compensation. This might include the cost of a replacement, recruitment agency fees and any training costs incurred.

In some cases there could be criminal consequences. A job applicant who lies may be guilty of obtaining a pecuniary advantage by deception under the Theft Act 1968, which specifically includes obtaining employment.

References

Giving false information on a CV can seriously affect an employee's future job prospects. If you are asked for a reference by someone who has been dismissed for lying on their CV, you should not give a reference that is inaccurate or misleading. You do have the option of not providing a reference at all.

What to Do

Employers are advised not to take at face value the information candidates put on their CVs. Carry out checks for those candidates short-listed for a job. There are organisations that can carry out the checks for you, or you can verify information with former employers yourself. Ask to see certificates relating to relevant qualifications. Letters to job applicants should make it clear that you attach great importance to the accuracy of the information included in a CV and stress your right to dismiss an employee who provides untrue or misleading information.

To make an appointment with one of Clark Brookes Turner Cary Solicitors' practical, down to earth Midlands family lawyers call our West Bromwich office on 0121 553 2576 or Stratford-Upon-Avon office on 01789 267646.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.