CV embellishments or resume regrets? The legal risks of exaggerated CVs

If there is one thing the Prime Minister and chancellor Rachel Reeves can probably agree on right now, it’s that lying about your work experience (or stretching the truth) can land all involved in hot water. While it is often joked about, lying on a CV is a serious issue that can have significant legal consequences for both employees and employers.

Not all cases will be as blatant as Mike Ross from “Suits” getting hired as a lawyer despite not having a law degree, but minor exaggerations and embellishments can still have serious consequences when dishonesty is uncovered.

The Legal Implications of Lying on a CV

Here’s what employers should understand about the legal issues involved:

• Criminal charges? When a candidate deliberately provides false information with the intent to deceive an employer, and to gain an advantage, this can be classified as criminal fraud or misrepresentation. While criminal proceedings and jail time (as in “Suits”) are unlikely, criminal charges are not impossible in serious cases, such as where the individual has practiced in a regulated profession without the necessary qualifications. In 2023 Zholia Alemi was jailed for 7 years for fraud, deception and forgery, after practising as a psychiatrist in the NHS without the necessary qualifications.
• Legal action: If the dishonest claims made by the employee cause damage to the employer—whether through financial loss, reputational damage, or other negative consequences, legal action may be considered. Employers may choose to pursue a lawsuit for damages resulting from hiring a candidate under false pretences.
• Dismissal: If an employee is hired based on false information that is crucial to their role—such as misrepresented qualifications or prior work experience—they may be in breach of their employment contract. This could lead to dismissal by the employer. Lying in the course of recruitment could be considered a breach of the implied term of “trust and confidence” justifying an employer deciding to dismiss.

Easton v Secretary of State for the Home Department (Border Force)

In Easton v Secretary of State for the Home Department (Border Force), a decision reported earlier this month, the Claimant applied for a job and omitted details of a three-month gap in employment caused by being dismissed for gross misconduct from a previous role at the Home Office. He did not volunteer information about the dismissal or the gap, but did not give any information that was strictly untrue. After being hired, the Respondent discovered the omission and dismissed him for gross misconduct. The Claimant brought an unfair dismissal claim, but the employment tribunal ruled that the dismissal was fair, as the Respondent reasonably concluded he had deliberately withheld information. The Claimant’s appeal was dismissed by the Employment Appeal Tribunal, which agreed that the Claimant should have understood that the “Employment History” section required a full and transparent account of his work history, including any gaps. Despite the absence of any express dishonesty, there was a dishonest omission of relevant information. This decision does seem quite harsh and sets a high standard of openness and honesty for applicants.

What Employers Can Do to Protect Themselves

Employers, particularly those in sensitive sectors, should conduct rigorous background checks and verify qualifications before offering positions. Misrepresentation can lead to serious legal risks and affect the integrity of the workforce, so thorough vetting is essential.

The importance of diligence in the hiring process cannot be understated. Misleading information on a CV can result in reputational damage for both the individual and the organisation. It is crucial to verify the claims of applicants to ensure that the hiring process is transparent and the workforce maintains integrity.

There are several steps employers can take to protect themselves from the risks of hiring candidates who have embellished their CVs:

1. Conduct Thorough Background Checks

Employers should implement a robust background screening process that verifies the credentials, work history, and qualifications of candidates. Background checks should include, where relevant, education verification, prior employment confirmation, and checks for any criminal records. This is particularly important for roles that require specific skills or certifications.

2. Consult Referees

Often, offers are provided to successful candidates before full due diligence is carried out. If employers wish to issue offers of employment prior to checking references, the offer should be made conditional on satisfactory references being provided. Employers can then check references and carry out any other due diligence to satisfy themselves that the successful candidate has been truthful in their application.

3. Include a probationary period

If due diligence checks are not completed before employment starts, a probationary period may be appropriate. Use of a probationary period will mitigate risk to employers as they can consider the information uncovered in their ongoing due diligence inquiries when determining whether that employee should pass their probation.

4. Consult your employment law expert!

It’s crucial for employers to consult with legal professionals when dealing with these issues especially in situations where fraudulent claims are discovered. Expert employment lawyers can guide employers through the process of handling CV dishonesty, from termination to potential legal claims for damages. Our experienced team at BTO will be happy to help.

Conclusion

Exaggerated CVs can expose employers to significant legal risks. Employers should take proactive steps to verify the information provided by job candidates.

Even if there are no serious internal risks or financial losses, the headlines caused by the saga over Rachel Reeves’ ever-changing LinkedIn profile show that these issues can easily result in reputational damage to the employee and the employer. As ever, prevention is better than cure!

This update contains general information only and does not constitute legal or other professional advice.

Caroline Carr, Chair & Partner: cac@bto.co.uk / 0141 221 8012
Douglas Strang, Legal Director: dst@bto.co.uk / 0141 221 8012