The issue of making false claims on a CV has been in the news recently, with the revelation that the winner of BBC’s The Apprentice programme was less than truthful on his initial application.
While stretching the truth on a CV is seen by many as a legitimate tactic for self-promotion, in the eyes of the law the situation can be far more serious: indeed, if a candidate has lied about relevant qualifications in order to gain a job, this is considered an act of fraud.
Prospective employees have a legal obligation to tell the truth on their CVs, and employers have a number of legal avenues open to them if they have fallen foul of a dishonest candidate. Depending on the severity of the deception, the available options may include:
- Rescinding the contract of employment.
- Instant dismissal without notice or pay in lieu.
- Reclamation of salary paid and other associated costs of employment.
- Commencement of criminal proceedings.
In the event that legal proceedings do arise, the burden of proof lies with the employer to prove that a fraudulent claim was made and that they relied upon this claim when employing the individual. This is usually a fairly straightforward process involving some simple fact checking.
Given how important and costly it is to take on a new employee, the best course of action is for employers to make it clear from the outset that dishonesty from workers will not be tolerated. This can be achieved by:
- Asking candidates to sign a written declaration that all the information on their CV is accurate and truthful.
- Identifying to the employee the specific information that is being relied upon when making an employment offer.
- Checking all references and ensuring that qualifications claimed are genuine.
As is often the case with employment law issues, being well-informed from the outset and having a preventative policy in place helps to clarify your position and avoid problems in the future. If you would like in-depth legal advice on this or any other employment law issue, contact Ashby Cohen today to see how we can assist you.
