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Make-u artists
Page 30
Page 31
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What can you do as an employer if a candidate has told lies to get a job?
Words: Gillian Watkins
With the explosion of interest in the television programme The Apprentice, there was surely an audible intake of breath from viewers when one of the candidates was discovered to have lied on his CV in a recent series.
Lying on your CV is not a good idea, but there is certain information that the law does not require job applicants to reveal, such as spent criminal convictions, unless the individuals are seeking employment in specific roles caring for the young or the vulnerable.
Recent statistics suggest that a surprising number of job candidates are not averse to lying about a fact they think the employer cannot or will not be bothered to check.
But what can employers do if facts relied upon in interview or in a CV prove to be subsequently false, especially when a job offer may have been made?
Checking employee details
A certain amount of information about employees can be gleaned from the references provided by a previous employer. However, a previous employer is not obliged to provide a reference, although, in practice, most do. Sometimes, the most significant aspect of a reference is what is left unsaid. If an employee does not have a reference from his or her previous employer at all, the conclusion frequently drawn is that the candidate must have been involved in some improper behaviour.
Simple checks regarding qualifications and experience can be undertaken by wilting to the organisation concerned, or requesting the employee to disclose relevant certificates.
Specialist agencies
Alternatively, appoint a specialist agency to carry out an independent check on the candidate. By giving the agent the candidate's CV and any other specific instructions, along with the candidate's consent, the agency can conduct discreet enquiries about the candidate's history.
If discrepancies arise in the information an employee gives in a CV and interview, the candidate should be given the opportunity to explain them.
In all cases where checks are to be made into a candidate's background and qualific ations, it is important to bear in mind that their express consent is first obtained. A number of employers tend to include a consent form within the job application.
It is also vital to avoid discrimination in this process_ All candidates should be treated the same. If one is screened then all candidates
should be screened: and each one should be informed that all the candidates for this position are being screened.
Conditional job offers
If a job offer is forthcoming after an interview, but the employer requires verification of qualifications and health status, then it is advisable for the offer to be made pending satisfactory references or a medical report.
The offer will accordingly not be deemed effective until those conditions have been fulfilled.
In the absence of any such conditions, an offer of employment becomes binding upon acceptance by the candidate. This also means that if the job were to be withdrawn before the employee starts work, it is likely to prove difficult for an employer to defend a breach of contract claim in an employment tribunal, unless it can be demonstrated that the offer was made in reliance upon false information provided by the employee.
Withdrawal of employment
If an employer discovers an employee has lied in order to secure a job, then there is clearly a potential issue of trust and confidence involved. Is it possible to trust the employee in any capacity if they are prepared to enter in to such deceit? Can the employer dismiss the employee once the deception is uncovered?
Ability to dismiss in these circumstances will very much depend upon the nature of the deceit involved, and how, if at all, it impacts on the job in question.
The employer will still need to put into practice a fair dismissal. Lying about a qualification is likely to be reasonable grounds for dismissal if the qualification is a requirement of the job. A transport manager who wrongly claimed to hold a CPC would clearly be unfit for the job, likewise an HGV driver without an HGV licence.
In extreme cases, where individuals have been discovered to have forged qualifications, for example, justifying dismissal is likely to be more straightforward if proved. Passage of time is also likely to be irrelevant in the context of what is effectively fraud, and the individual could face imprisonment for such conduct.
Dismissal becomes less easy to sustain if the lie is not a significant one and was a one-off. For example, if it is discovered that an employee had inflated his current salary at interview, subsequent dismissal is unlikely to be reasonable in most circumstances.
In all cases, employers need to weigh up the nature of the deceit, its relevance to the job and whether trust and confidence in the employee can remain, or if the employee's position is untenable. This will vary among job types, individuals and employers.
Once a job offer has been accepted and all the conditions are fulfilled, it immediately gives rise to specific contractual obligations. As a result, employers are advised to check any information offered thoroughly before making any offer. al