For an Employer:
An employee lying on their Curriculum Vitae (CV) counts as fraud under false representation. As a result, the employer has the right to terminate their contract for gross misconduct.
If the original CV contained falsehoods the employer may be exempt from being sued by the employee. If the employer can prove he/she would not have originally hired the employee if the CV were true then the employer can, in certain circumstances, avoid liability in wrongful termination proceedings. Thus the employer could violate an employee’s legal rights by (for example) firing them because of their gender/race and yet not be liable in legal proceedings. This is called the ‘after acquired evidence’ theory.
For an Employee:
Lying on a resume can result in a maximum jail sentence of 10 years under the Fraud Act 2006. Although in reality a 10 year jail sentence is unprecedented for a false CV. Rhiannon Mackay in 2010 was jailed for 6 months following lies in her CV which resulted in her getting hired as a capital projects administrator in the NHS. However her case involved the falsification of past employers and references.
It is important to note that the majority of lies on a CV will not result in a jail sentence. A falsified B in GCSE French when applying to be a Car Salesman in Bromley will, most likely, not result in criminal proceedings or even gross misconduct.
The job board CV-Library stated that around 50% of job-seekers admitted to lying on their CV’s . Evidently all those who lie on their CV’s do not get caught but is it worth the risk?
If you’re an employer or employee and have any queries over any aspect of employment law please do not hesitate to contact us.