Can you fire an employee for lying on their CV?

In today’s competitive job market, a well-crafted CV is often the key to securing an interview and, ultimately, a job offer.

In 2018, a CV Library survey found that 54.8% of respondents lied on their CV to appear more qualified, and 41.2% lied to gain a higher salary. People can lie about qualifications, skills, length of service or their roles in a business. One of the main areas where people lie is their GCSE and A-Level results. A YouGov survey carried out 2023 showed that 56% of people had never been asked to provide any physical proof of their grades.

Lying on a CV can raise significant legal and ethical questions and be seen to cause serious issues. This article explores whether it is legally permissible to terminate an employee for providing false information on their CV.

Misrepresentation and Fraud

Misrepresentation or falsification of information on a CV typically falls under the categories of conduct and capability. The Employment Rights Act 1996 specifies five fair reasons for dismissal:

1. Capability or Qualifications: If an employee lied about qualifications or skills essential for the job, it could indicate a lack of capability, justifying dismissal;
2. Conduct: Lying on a CV is generally considered misconduct, especially if the lie directly impacts the employee’s ability to perform their job;
3. Redundancy: This ground is less relevant to CV falsification, as it pertains to job elimination rather than individual misconduct;
4. Statutory Illegality: Employing someone with false qualifications may breach statutory requirements, such as professional licenses; and
5. Some Other Substantial Reason (SOSR): Serious CV lies can be deemed significant enough to justify dismissal under this catch-all category

Fraud entails intentional deception for personal gain. Under the Fraud Act 2006, ‘A person is in breach of this section if he dishonestly makes a false representation, and intends, by making the representation to make a gain for himself or another, or to cause loss to another’. Legal consequences for the employee can extend beyond dismissal, potentially involving legal action for damages. Employers might also pursue claims of fraud if the falsified information led to significant business harm.

What can employers do?

If it has arisen that an employee has lied on their CV and they have not yet begun their employment, it is possible to retract the offer. If the employee has already begun their employment, it may still be possible to terminate their employment, but a fair and thorough investigation process must be carried out. For example, lying could amount to a potential breach of mutual trust and confidence between the employer and employee, which can amount to gross misconduct and is a legitimate ground for dismissal.

Other ways that employers can deal with dishonesty on a CV can include:

• Having two or more people interviewing and recruiting new employees. In doing so, any suspicion can be judged by multiple recruiters and employers are unlikely to be caught out; and
• Ensuring the probationary period is used properly. When the employee is in the work setting, it helps to gauge the idea whether they were untruthful in their application, and it also helps determine how well they fit in the workplace.

Employers also have a responsibility to conduct thorough background checks and verify CV information during the hiring process. Best practices include:

• Reference Checks: Contacting previous employers to confirm employment history.
• Credential Verification: Checking educational qualifications and certifications.
• Professional References: Speaking with professional references to validate skills and experiences.

Inadequate vetting can complicate dismissal processes and open employers to legal challenges, making it essential to perform due diligence before making a hiring decision.

It is clear that lying on a CV can be harmless and, in some cases, go unnoticed. However, it is important to be able to identify infrequencies and lies in these circumstances. While it is generally permissible to dismiss an employee for lying on their CV, employers must follow fair and transparent procedures. The balance between maintaining integrity in the hiring process and ensuring fair treatment of employees is crucial. Adopting preventative measures to avoid these situations will ensure that a business does not employ individuals on false qualifications, or fall into any disrepute. Employers should implement robust vetting processes to avoid issues, while employees should strive for honesty in their applications to prevent potential consequences.  

If you have any questions about dismissal for an employee lying on their CV, our Peace of Mind Team can provide specific advice and our Document Audit Team can help draft relevant policies. Contact our Employment Team by emailing employment@warnergoodman.co.uk or call 023 8071 7717.