Misrepresenting qualifications or experience on a CV can have serious repercussions.
In this blog, we dive into key legal cases that show how CV fraud can lead to dismissal, and even criminal penalties. We also discuss employer responsibilities and why honesty is the best policy for both employees and employers.
Why CV Embellishments are Risky
Crafting a CV can be challenging, especially for those just starting their careers. After all, how can you demonstrate experience, until you have been given an opportunity to gain it in the workplace. It’s common for candidates to enhance their credentials to stand out. However, crossing the line into fabricating or significantly embellishing information can have severe repercussions, including dismissal. Misrepresentation on a CV, no matter how minor it might seem, can damage trust between an employee and employer, often irreparably.
Employment legislation and case law provides a framework for addressing dishonesty in recruitment and employment. Tribunals have long held that lying on a CV can justify disciplinary action, including dismissal, provided the employer acts fairly and reasonably.
Here are a few pivotal legal cases that highlight the potential consequences of dishonesty on your CV:
Booth & Anor v R [2020]
The starting point is to understand what dishonesty is. In this case, the court set the standard for what constitutes dishonesty. The test asks whether the conduct would be seen as dishonest by “ordinary decent people.” This helps determine if actions – like embellishing qualifications on a CV- are grounds for disciplinary action or dismissal.
Meikle v Nottingham City Council [2004]
This case underlines the importance of trust in the employer-employee relationship. Dishonesty, even during the recruitment process, can undermine that trust and justify dismissal. In other words, misrepresenting your qualifications could cost you your job, even if the dishonesty was discovered later on.
R v Andrewes [2022]
In this more recent example, Mr Andrewes had worked as CEO of a Hospice for 11 years before it was discovered that he had falsified his CV, claiming to have worked in a number of public sector executive roles and claiming to be working on obtaining a PhD.
Mr Andrewes had even received a number of positive appraisals during his employment. Things ended badly for Mr Andrewes when the deception was discovered and he was dismissed. He was subsequently criminally charged, and pleaded guilty, to fraud and obtaining pecuniary advantage by deception and was required to repay a significant sum to his former employer. This case serves as a stark reminder that CV dishonesty can have criminal consequences, not just professional ones.
The Employment Rights Act 1996, Section 98(4)
Under this provision, a dismissal is deemed fair if it relates to the employee’s conduct, provided the employer has acted reasonably. An untruthful CV can constitute misconduct. Within England and Wales, an employee has to work continuously for two years before they enjoy statutory employment rights, including the right not to be unfairly dismissed. So within the first two years, your employment can be brought to an end at any time, provided your employer gives (or in some cases pays you in lieu) of the notice set out in your contract.
For anyone who had two years or more, providing the employer follows a fair process before dismissing the employee, discovering any false claims within the recruitment process or within your CV, could give rise to a fair and reasonable dismissal.
Employer Responsibilities in Cases of CV Fraud
Employers should approach suspected CV fraud cautiously. Key steps include:
- Investigating thoroughly: Ensure misrepresentation is verified before taking any action.
- Following proper disciplinary procedures: Adhere to the ACAS Code of Practice to ensure fairness.
- Considering proportionality: Dismissal should only occur if the dishonesty significantly impacts trust or job performance.
The Long-Term Consequences for Employees
Even if a CV embellishment goes unnoticed during recruitment, it can be discovered later, potentially damaging an your career and reputation. Misrepresentation can also hinder future job opportunities, as references often uncover discrepancies.
While ambition is natural, honesty should always be at the heart of your professional journey. Employees and employers alike must approach CV discrepancies with care to ensure fairness, trust, and accountability in the workplace.
If you have concerns about your employment matters, including disciplinary matters, or would like to discuss any CV discrepancies you have discovered about any employee or member of staff, we have a friendly, experienced team here at Prosperity Law and would happily guide you through these issues. Get in touch today by emailing Rebecca.Townsend@prosperitylaw.com or call us on 0113 380 4310.
[General advice only and does not constitute legal advice specific to your circumstances]
