The response to discovering that an employee lied on their CV varies from employer to employer. Many consider that embellishment of CVs is to be expected to some extent. Others, regardless of the seriousness of the untruth or its relevance to the role the employee is carrying out, operate a zero-tolerance approach. As a result they may have to dismiss a valued employee.
How can you avoid this happening in the first instance?
Taking precautions
There are organisations that can carry out vetting procedures for you. www.backgroundchecking.com is one provider and it claims job applications drop by 15% where its logo appears on the advertisement, suggesting it discourages the more dishonest candidates from applying. A range of checks can be carried out from credit-rating to psychometric testing.
Services provided by other organisations may be cost prohibitive, however, particularly for smaller organisations. There are still a number of simple actions an employer can take to minimise the risk:
- Always take up references - this is a very simple way of checking basic information given on a CV is correct. Most employers may only provide a very basic factual reference so details of the actual day-to-day tasks the candidate carried out generally can't be verified.
- Check academic qualifications - does your new accountant really have a degree from ACCA? Always ask for certified copies of certificates to be sure.
- Check absence records - in conjunction with a health questionnaire you can screen out those candidates who may be likely to cost the business in terms of sickness days. Always beware, however, of the risk of disability discrimination.
Although there is a wide range of precautions you can take, there are always individuals who may be able to manipulate the process, or will simply fall through the net. Have a back-up plan by including a provision in the employment contract that states the agreement can be lawfully terminated if it is later found that the individual was dishonest during the application process. You can also include a range of pre-employment obligations that, if not satisfied, even after employment has commenced, will result in the immediate termination of the relationship.
Taking action
Despite, or even in spite of, pre-employment checks sometimes employers will discover that a current employee lied on their CV. Even if the employee is competent to carry out the role, the employer may wish to terminate the employment relationship.
If the employee concerned has less than one year's service then generally dismissal will be fairly straightforward. An employee with more than one year's service qualifies for protection from unfair dismissal. Depending on the circumstances, however, discovering that an employee lied during the recruitment process can represent a fundamental breakdown of the implied duty of mutual trust and confidence and justify a fair dismissal.
Employees can also be subject to criminal charges that may act as a deterrent. Neil Taylor, a former NHS trust chief executive, falsely claimed to be a graduate and received a 12-month suspended sentence in 2005. Taylor had been carrying out the role for several months when his lie was discovered by chance. There was no question about his ability to carry out the role, and evidence produced at his hearing demonstrated that he was likely to have secured the role even without the degree. However, the misconception was so fundamental that the judge felt it undermined the efforts of all those who genuinely secure a qualification. Taylor was also fined £5,000 and ordered to pay £2000 costs.
Striking a balance
CVs will always form an important part of the recruitment process but with a growing realisation among employers that personality and attitude are just as important as experience and qualifications, it will increasingly become simply part of a much more comprehensive process. The more thorough the process, the less chance there is of finding yourself in the predicament of having to terminate a deceitful employee and considering whether to press criminal charges as well.
Pam Loch is founder and principal at employment lawyers Loch Associates (with Chloe Pereira)
