Lying on a CV can have some serious consequences for both employees and employers. It may be that gaps between jobs are disguised. It may be that a CV includes inaccurate details around a person’s qualifications – an issue when it comes to, for example, being on the Gas Safe Register.

Regardless, making dishonest claims on a CV can amount to fraud by false representation. The Fraud Act 2006 states that a person is guilty of fraud if they dishonestly make a false representation, and intend, by making the representation, to make a gain for themselves or another, or to cause loss to another. 

If there is fraudulent information on the applicant’s CV, then not only could this lead to a claim for damages from an employer, but the applicant could also be guilty of a criminal offence. 

Options for employers who discover lies

If a prospective employer discovers that an applicant has lied on their CV before the employment actually starts, consideration should be given to revoking the offer. Where possible, jobs should be made conditional and subject to satisfactory references or evidence of qualifications.

Serious inaccuracies and lies on a CV and/or during an interview may result in a breach of the duty of trust and confidence that is implied in every employment contract.

Lying could amount to gross misconduct, allowing an employer the right to summarily dismiss the employee without notice or compensation. However, genuine mistakes or minor inaccuracies may not be sufficient to summarily dismiss. 

An employer could also pursue a misrepresentation claim to seek compensation for the loss suffered as a result of the inaccurate information. An employer could argue that they were induced to enter into a contract of employment by an inaccurate statement by the employee. If it can be established that the misrepresentation was a material factor in inducing the offer of employment, then the employer may be entitled to compensation. Potentially this could include the cost of replacing the employee and any recruitment agency fees and training fees incurred.

Consequences and potential penalties for the employee

Beyond committing a criminal offence, lying about skills or qualifications may also mean that an employee will not be able to perform their duties to the required standard. If this happens, the employee may be unable to complete their probation period or find that they are subject to a performance management process. This could lead to formal warnings, capability meetings, and, ultimately, dismissal. 

Lying on a CV could impact the content of an employment reference. There is no legal obligation on an employer to provide a reference in respect to a formal employee, but if they do so, the reference must be true and accurate. This could mean that reference to the inaccuracies could be recorded on an employment reference.

R vs. Andrewes

In the recent case of R vs. Andrewes (2022), a court found that Mr Andrewes had falsely claimed to have relevant qualifications and experience that were essential to the CEO position he applied for. 

Andrewes was appointed to the role in 2004, however his employment terminated in 2015 when the truth about his insufficient qualifications and experience came to light. In 2017, Andrewes was convicted of obtaining a pecuniary advantage by deception and of two counts of fraud. He was sentenced to two years’ imprisonment and the Crown sought a confiscation order against him. The Supreme Court ordered that nearly £100,000 of his earnings should be confiscated. 

Steps for employers

Firstly, an employer should make it clear to applicants that they will be attaching significant importance to the accuracy of the information provided in the applicant’s CV. They can specify that they reserve a right to summarily dismiss and/or seek compensation if any information provided in a CV is misleading or inaccurate. 

Employers should make it clear to applicants what specific information is being relied upon when discussing and offering contracts of employment. Employers may wish to go a step further and ask applicants to sign a written declaration to confirm that their application, and information provided during the course of the recruitment process is true and accurate. 

Employers should seek proof of the applicant’s qualifications and ask to see evidence relating to them. Employers should consider the risk posed by a prospective employee providing inaccurate information and investigate accordingly. 

It would also be prudent to make offers of employment conditional on the employer receiving satisfactory references. Further questions may need to be asked of a recruitment agency where necessary – it should not be assumed that background checks have been carried out thoroughly. 

Lastly, employers should also review the way in which they run a recruitment process, for example, by including an assessment of the applicants to the process.