LITTLE WHITE LIES

Being dishonest on a CV can be a costly mistake for all concerned…

The NHS is currently investigating what has been termed an ‘industrial scale’ qualifications fraud. It involves over 700 healthcare workers who allegedly used proxies to pass tests in Nigeria, enabling them to work in the UK. The inquiry has once more brought increased scrutiny upon the potential impact of fraudulent CVs.

But how can an organisation prevent themselves from falling victim to intentional fraud during the job application process? And what are the potential consequences of neglecting to verify the honesty of CVs before extending job offers?

IS IT ILLEGAL TO LIE ON A CV?

Falsifying information on a CV can lead to serious legal consequences. Even a seemingly harmless embellishment, like a white lie to enhance a CV, can be considered ‘fraud by false representation’ in the eyes of the law. This offense involves obtaining an advantage through deception, potentially resulting in criminal charges.

Misrepresenting professional experience or personal details is a common form of fraud, but it’s not limited to that. Actions such as inflating grades, claiming unearned qualifications, or exaggerating previous salaries can also constitute fraudulent behaviour.

If such deceptions come to light, an employer has the right to take disciplinary or legal action. According to Section 2 of The Fraud Act 2006, individuals breaching this law by dishonestly misrepresenting information with the intent to gain an advantage or cause loss can face severe penalties.

Depending on the severity, employers may terminate an employee’s contract for gross misconduct without notice. In extreme cases that go to court, individuals found guilty may receive up to a 10-year custodial sentence, and employers may seek reimbursement for falsely obtained salaries.

WHAT ARE THE POTENTIAL CONSEQUENCES FOR EMPLOYERS?

Recruiting underqualified individuals can have severe consequences for an employer’s business, leading to legal, financial, and reputational harm. If an employee lacks the required qualifications for their role, it could pose significant health and safety risks, potentially resulting in negligence for which the employer would be accountable. Conducting thorough due diligence in the recruitment process is crucial to mitigate such risks.

Without appropriate qualifications, employees may deliver substandard services or even endanger others in extreme cases, exposing the employer to costly litigation and financial losses. Hiring candidates without essential qualifications or experience can also tarnish the employer’s reputation, leading to a decline in service quality or, as seen in the current NHS scenario, risking reputational damage if public safety is compromised by an unqualified employee.

WHAT ARE THE SIGNS THAT SOMEONE IS MISREPRESENTING THEMSELVES ON THEIR CV?

When assessing an individual’s CV, watch for vague experience descriptions. Using uncertain terms like ‘familiar with’ or ‘involved in’ instead of confident language may signal misrepresentation. Check if the CV showcases real achievements rather than just responsibilities, and verify if these achievements can be supported by concrete facts or explanations.

People often exaggerate their skills or expertise when lying. If they come across as overly boastful, it might be an attempt to appear more credible. Look for specific examples to validate any claims. False information usually brings about inconsistencies, like discrepancies between job titles and responsibilities listed. A CV should present a relevant work portfolio; if not, gaps or conflicting evidence might indicate misrepresentation.

However, employers should refrain from jumping to conclusions immediately. Consider whether there could be reasonable explanations for gaps in a candidate’s experience, such as a period of maternity leave, to prevent any discrimination allegations.

WHAT CHECKS SHOULD BE UNDERTAKEN BEFORE OFFERING SOMEONE A JOB?

Employers often lack sufficient screening measures to verify the accuracy of applications during selection. It is crucial to implement screening post-interview to address potential discrepancies in candidates’ CVs. Various effective screening methods include:

1. LinkedIn comparison: Discrepancies in dates, qualifications, or experience between a CV and a candidate’s LinkedIn profile warrant further investigation

2. Reference checks: Contacting references helps confirm a candidate’s credibility and allows for a comparison between claimed skills and actual experience. Requesting references should be a standard practice before finalising any job offer

3. Evidence verification: Employers should validate qualifications and exam results. Specialised companies or direct contact with educational institutions can verify grades and credentials

4. Competency assessment: Utilise competency-based questions during interviews to evaluate a candidate’s skills and experience accurately. This approach reveals gaps in knowledge and assesses the depth of understanding

5. Addressing employment gaps: Unexplained lapses in employment history raise concerns. Candidates should be given the chance to clarify any gaps either during the interview or through communication. Lack of a reasonable explanation may indicate hidden issues.

DATA PROTECTION MUST BE CONSIDERED

It is crucial to recognise that a CV includes a candidate’s ‘personal data,’ necessitating compliance with UK data protection regulations during data collection and processing. The candidate’s details should solely be disclosed to relevant managers and utilised for the intended recruitment purpose.

Before sharing the document within the organisation, an employer must substantiate genuine concerns regarding potential ‘fraud by false representation’ by the candidate. Failure to do so may result in a violation of data protection laws. If such concerns arise, seeking legal counsel before sharing any information or allegations is advisable to prevent any breaches.

IN SUMMARY

The reputational damage and financial implications of CV fraud are critical considerations during recruitment. In a landscape where candidates embrace the ‘fake it until you make it’ philosophy, verifying claims on CVs is essential.

With most individuals having a significant digital footprint, it’s easier to fact-check. However, if time is a constraint, seeking assistance from a background screening company is advisable. Remember, negligence in verifying credentials could lead to severe repercussions, which emphasises the need for thorough due diligence in the hiring process.

SARAH RUSHTON

Sarah Rushton is head of employment and immigration at Buckles Law. Her work includes restrictive covenant injunctions, bonus disputes and very high value discrimination claims, as well as day to day employment tribunal matters and contract disputes. She also gives practical commercial advice to clients on a full range of employment law matters, including restructuring and redundancies..