Viewers of the popular TV series ‘The Apprentice’ will be well aware that Lee McQueen has been appointed as Sir Alan Sugar’s new apprentice. Lee was hired despite the fact that he had lied on his CV. It came to light in the penultimate episode of the series that the information Lee had given on his CV regarding his education was incorrect, stating that he spent two years at university whereas in reality, he was only there for four months.
A comment was made in the show that most people have included inaccurate information in their CV at one time or another. If this is so common, how can employers protect themselves against appointing a new employee on the basis of false information?
Employment law specialist at Frettens Solicitors, Jennifer Maddocks, says “At the recruitment stage, employers should look carefully at the information included on a candidate’s CV to see if any particular issues arise. For example, if there appears to be a gap in a candidate’s employment history, the employer may wish to raise this at interview to see if the candidate has a valid explanation. With regard to qualifications, employers can request copies of certificates from the candidate. If the candidate is unable to supply these, the employer could follow the approach adopted on ‘The Apprentice’ and write to the education provider to verify the information given on the CV.”
Often, employers do not discover that a candidate has lied on their CV until after they have been appointed. In this situation, the outcome is likely to depend on how the new employee is performing in the job. If, like Sir Alan, you consider that the candidate is very good, you may be prepared to overlook the fact that they have stretched the truth on their CV. However, if you are not entirely happy with the employee’s performance in the role, or consider that the dishonesty on their CV indicates that they are untrustworthy, you may decide to dismiss.
If the employee is in their first year of service, they will not have unfair dismissal rights. This means that provided you give the employee notice of dismissal, you should not face any claims if you go ahead and dismiss. However, Jennifer warns employers to bear in mind that employees in their first year of service have various other potential claims, commenting “If the inaccurate information which has come to light raises a potential discrimination issue, for example it relates to an illness the employee had which could be a disability, then further advice should be sought before taking the decision to dismiss.”
For further information on this area or any other employment issue, contact Jennifer Maddocks on 01202 499255.