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What can employers do if they find that an employee has lied on their CV?
Rachel Reeves, our current Chancellor, came in for some criticism recently when it was claimed that she had tweaked the details of a previous role at HBOS on her LinkedIn profile (referring to her job as one of ‘economist’ when, allegedly, the role had been a ‘retail banking’ one).
It’s no surprise that employees, even those holding the role of Chancellor, may want to embellish their previous experience to shine. In fact, a YouGov survey (in 2017) found that one in ten employees admit to lying on their CV. Although employers may tolerate little white lies, bigger ones should not be ignored. For example, in regulated professions (such as healthcare, finance or law), employers who engage staff without the correct qualifications can face penalty notices or criminal charges.
The action you take in respect of the lie depends on what it is and when you discover it. If it’s before the employee starts work, withdraw the offer. If they’ve already started, it’s a bit trickier. You have the following options:
Disciplinary action: Dishonesty is misconduct. Investigate and follow your disciplinary process (particularly if the employee has two years’ service and protection from unfair dismissal). If you decide they lied, the action you can take depends on the scale of the fib. Serious lies could amount to a fundamental breach of the implied duty of trust and confidence and justify summary dismissal. Otherwise give them a formal warning.
Misrepresentation: Deliberately lying on a CV is a misrepresentation of the facts. If the lie was a material factor in the employer’s decision to offer the employee the job (such as claiming false academic credentials), it is potentially entitled to treat the contract as void and at an end. It may also be entitled to compensation for costs like recruitment fees or training expenses.
Criminal consequences: Lying on a CV can amount to fraud (Fraud Act 2006) or obtaining pecuniary advantage by deception (Theft Act 1968). Although the police rarely get involved in workplace disputes, if the fraud or deception involves public funds or is sufficiently serious, it may prosecute.