During the hiring process companies of all sizes – from small businesses to multinational corporations – can fall victim to applicants with fraudulent CVs. With employers across sectors struggling to fill vacancies, and HR departments reluctant to conduct reference checks because it can be time consuming, CV fraud is on the rise and becoming a challenge for recruiters.

But there are many risks for an organisation that has not done their due diligence before employing someone. Not only does it hold up the recruitment process, but CV fraud can also undermine the reputation of a company, lead to a loss of work and there could be resulting legal issues.

In this guide, we discuss CV fraud and how to identify and avoid fraudulent CVs when making your next hire.

What is CV fraud?

CV fraud can take many forms, from an embellished history of volunteer work or a padded-out work timeline, to fabricated qualifications from a university the applicant never attended.

The most common lies or embellishments range from inaccurate or deliberately false career history and academic qualifications to failure to mention fraud committed against previous employers.

Why do candidates lie on their CV?

At first glance, it can be difficult to understand why anyone would lie or submit a fake CV. Bu one of the main reasons for the rise in CV fraud appears to be due to applicant tracking systems (ATS). Many employers now use an ATS to filter CVs that match their specific requirements such as education and experience. As a result, job seekers are becoming increasingly familiar with how ATS’s work and are embellishing and altering their experience and qualifications on their CV in the hope that they are matched.

What can you do if you find out someone has lied on their CV?

Breach of Contract

All employment contracts contain an implied (unwritten) term of mutual trust and confidence between employer and employee. This is fundamental to the relationship and binding on both parties. Lying on a CV and failing to disclose that lie is likely to amount to a repudiatory breach of this term and give you the right to dismiss them without notice.

Where the employee has worked continuously for more than two years, the decision will need to be reasonable (taking account, for example, of the seriousness of the lie) and a fair procedure should be followed. In most cases this will involve following your disciplinary procedure.

We recommend that you make your offers of employment and employment contracts conditional on satisfactory references and verification of qualifications. This will mean that you will not be in breach of contract if the applicant’s qualifications or work history prove to be unsatisfactory or incorrect. Where an offer is withdrawn, it is important to keep a detailed record of the reason for withdrawing the offer to reduce the risk of a successful discrimination claim.

Misrepresentation

Misrepresentation arises where an inaccurate statement of fact is made which induces an employer to enter into the contract of employment. The statement must be of fact and therefore an opinion such as “works well under pressure” will not amount to misrepresentation if a candidate then fails to live up to this opinion.

Where the applicant has deliberately misrepresented the facts, the contract becomes voidable, meaning that you can choose to treat the contract as invalid. If the misrepresentation was a material factor in inducing you to offer the candidate the job, you may also be entitled to compensation.

Misrepresentation would also be a sufficient reason for a misconduct or “some other substantial reason” dismissal in cases where the lie was sufficiently material to the job in question.

Fraud

There could even be criminal consequences for candidates, as lying on a CV could amount to a criminal offence of fraud under the Fraud Act 2006. The maximum penalty for this offence is 10 years in prison. Most cases involving lying on a CV are likely to result in much shorter sentences taking into account the level of deception, any gain made and harm caused.

Unless sufficiently serious or where the fraud involves public funds, the police are unlikely to get involved in cases of false misrepresentation in a CV.

An understandable error made by many employers, which also impacts on remedies, is to assume that utilising the services of a recruitment consultant means that then consultants have thoroughly checked academic qualifications, career history and references. In many cases, this is not correct and the terms and conditions of the recruitment agency should be carefully checked on this issue. If the contract excludes liability or is silent on the point, it is worth raising the issue and insisting that the consultants carry out checks.

It is always worth screening employees thoroughly and there are many excellent companies that run very thorough checks. A difficult issue can arise as regards criminal records, which are clearly a concern for employees. In most cases, you can ask an employee the question but if you are cautious or suspicious, in most industries, you would need the applicants consent to apply for a formal Criminal Record Bureau (CRB) check.

Can you withdraw a conditional job offer?

Having found an applicant you want to offer a job to, there is often a delay while you verify academics, career history and references and one way of covering your position is to make the job offer expressly conditional on the results of your enquiries being satisfactory. In addition, it is important to include in your contracts if employment a specific clause stating that it is a fundamental term of the employee’s employment that their application for employment was accurate.

Can you dismiss someone for lying on their CV?

Having an express clause in the employment contract on this issue, is recommended. However, the terms in an employment contract are not necessarily decisive in the event of a dispute. If you find that an employee has lied to you about their history this is very likely to be a breach of the duty of mutual trust and confidence implied into every employment relationship.

Whether it gives you the right to dismiss the employee will probably depend on :

• how serious is the lie
• what type of job role the employee undertakes
• how long the employee has been working for you and his/her performance and trustworthiness other than the incorrect information
• industry or profession specific factors –it may be imperative, for example, if you are a regulated business, that an employee has certain qualifications or does not have a criminal record. In that case, you may have stronger grounds for taking action to terminate the employment.

As an employer, you should always follow fair process even if you find that the employee has lied to you and give the employee the right to explain. Be wary also if possible discrimination .

Other than dismissal, what options are available to the employer?

Based on the employee’s breach of contract and potentially the decision to dismiss, other issues can arise such as the position on any fees paid to recruitment consultants. What about the costs of recruiting a replacement member of staff ? You may well have the right to sue the employee but in reality, this is rare, and of course depends primarily on whether the individual is worth suing; will they be likely or able to pay any judgment amount awarded?

Other alternatives of course include a written and possibly even a final warning if you decide not to dismiss, and again, be sure to follow correct process if you proceed with the disciplinary procedure.

Best practice to protect against CV fraud

For employers, having processes in place can help to minimise the risk of CV fraud.

• Don’t assume a recruitment consultant has properly checked a candidate’s CV. Conduct a robust recruitment process that involves thorough reference checks, proof of salary and benefits and obtain evidence of tertiary qualifications and membership associations. Call an organisation’s landline and avoid calling a mobile telephone number. Always get a reference from the Human Resources department and if the company has closed down, verify that it has actually closed down.
• Delve deeper during the interview process – do not be afraid to ask many questions about a candidate’s experience, past employment, salary, benefits and bonus, dates of employment and education.
• Be thorough during the job-related interview – ask for examples of work to test the candidate’s skill level and knowledge. Be cautious of vague responses. Probe further when someone is not able to provide specific details about past employment and unable to elaborate on experience, education and skills.
• Conduct a skills test – it is one thing for a candidate to say that they are proficient in a language or skill but it’s another thing when they have to demonstrate this skill during the interview process or worse still, when they have started the job.
  Inflated job titles – there are obvious red flags when a candidate has been promoted very quickly and the titles keep getting more senior over a short time. Experienced recruiters will also be able to pick that up and probe more deeply.
• Dates do not add up – ask the applicant about the months in which they began and ended working with an employer. Generally candidates who write only the years only to be hiding short durations or gaps. Question the applicant about their previous employments in detail.
• Body language speaks volumes – whilst the candidate thinks they can pull off their false claims, their body language will give away their discomfort at the questions being asked.
• References – a skilled liar may get away with embellishing their past responsibilities, experiences, education and skills but an honest reference will state facts.
• Consider background checks – this will have an financial implication for the organization and can be more of a challenge due to the red tape involved in getting information.
• Implement a policy to deal with dishonest candidates and employees and publish it on job advertisements or a career website.

Need Assistance?

As employer solutions lawyers, DavidsonMorris bring together expertise in employment law and HR. For advice on vetting employees or investigating suspicions that an employee has lied, speak to our experts.

Fake CV FAQs

What should I do if I suspect a candidate has submitted a fake CV?

If you suspect a candidate has provided a fake CV, start by verifying the information directly. Contact previous employers, check qualifications with educational institutions, and speak to any referees. If the suspicions are confirmed, you can withdraw the job offer or take appropriate disciplinary action if the candidate is already employed.

Is it illegal for candidates to lie on their CVs in the UK?

Providing false information on a CV, especially regarding qualifications or experience, can be considered fraud under UK law. If an individual is hired based on fraudulent information, they could face legal consequences, and the employer has grounds for dismissal.

How can I prevent fake CVs from slipping through the recruitment process?

To prevent fake CVs, implement a thorough recruitment process that includes pre-employment checks, such as verifying qualifications and references. Using technology, such as background screening software, and conducting detailed interviews can also help identify inconsistencies.

What are the most common types of false information on CVs?

The most common falsifications on CVs include exaggerating or fabricating qualifications, inflating job titles or responsibilities, altering dates of employment to cover gaps, and listing fake references. Always verify key information to ensure its accuracy.

How long should I keep records of CVs and related documents?

In the UK, employers should keep recruitment records, including CVs, for at least six months after the recruitment process ends. This helps in case of any legal challenges or disputes. If a candidate is hired, their CV and related documents should be kept as part of their personnel file for the duration of their employment and for a set period after they leave.

Can I use third-party services to verify CVs?

There are numerous third-party services in the UK that specialise in background checks, including verifying employment history, qualifications, and references. These services can provide an additional layer of assurance that the information provided by candidates is accurate.

What should I do if I unknowingly hired someone with a fake CV?

If you discover that an employee was hired based on a fake CV, you should investigate the situation thoroughly. Depending on the severity of the falsification and its impact on their role, you may need to consider termination or other disciplinary measures. Legal advice may be necessary to handle the situation appropriately.

Are there specific industries in the UK where fake CVs are more common?

While fake CVs can be an issue across all industries, they are particularly common in highly competitive fields such as IT, finance, and law, where qualifications and experience are heavily scrutinised. Employers in these sectors should be especially vigilant during the recruitment process.

Glossary

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals