Bending the Truth: CV falsehoods

The recent case of R v Andrewes looked at the case of an employee who lied on his CV and confirmed that the profits from fraudulently obtained employment can be confiscated as proceeds of crime.

Mr Andrewes, a builder, was hired for three roles that he would not otherwise have been considered for, by lying on his CV about his qualifications and experience.  In 2004 he secured the role of CEO at a hospice, followed by on a non-executive director role at Torbay NHS Care Trust and Chair of the Royal Cornwall NHS Hospital Trust.  He was successful and received positive appraisals throughout, but would not have secured the roles without the embellishments on his CV.

Mr Andrewes was sentenced to two years in prison in 2017 after he pleaded guilty to obtaining a pecuniary advantage by deception and fraud.  A confiscation order was made requiring him to repay the amount of his benefit from crime.  Of earnings totaling more than £600,000, he was ordered to repay £96,737.24.  Mr Andrewes successfully appealed against the confiscation order in the Court of Appeal, but it was restored by the Supreme Court.

Although an extreme example, this highlights the need to carry out checks and properly vet candidates.  According to a recent survey around a third of people have lied on their CVs.  As a bare minimum job offers should be made subject to proof of any necessary qualifications, and two satisfactory references, one of which should be from the most recent employer.  As an alternative for younger staff, employers may seek an academic reference.  If satisfactory references are a precondition of employment, the employment offer can be withdrawn without the need to give notice, if the candidate is unable to provide the references. 

The possible consequence for lying on CV at the most extreme, if the lie amounts to fraud or deception, will be possible criminal sanctions as in Mr Andrewes case.  This is most likely in serious cases or where public funds are involved.  If an employer later discovers that an employee has lied on their CV, this can be grounds for dismissal for breach of the implied term of mutual trust and confidence between the employer and employee.  Employers may also have claims against the employee for misrepresentation and breach of contract.

For employment advice, please contact Laura Claridge by email or telephone 01689 887873.