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Lies May Result In Dismissal

24/11/2009

As a result of the onset of the recession, and the frantic struggle by employees for available positions, employers are experiencing increasing problems with employees being "economic with the truth" on CVs and medical questionnaires.

Case law has established that if an employee has lied on their CV the decision to dismiss as a result of that lie may be deemed to be fair.

In one particular case an employee incorrectly stated that he held a masters degree - this was in fact not true. Had he not held this qualification the employee would not even have been offered an interview - let alone the job. The lie came to light two years after his initial appointment and, despite this length of time, the dismissal was still held to be fair in all the circumstances.

Despite this we would suggest that if an employee lies about less material qualifications or past work experience, consideration should be given in each and every case to the nature of the lies and the relevance of this deceit to the job. A dismissal will only be fair if the deceit has destroyed the employer’s trust and confidence in the employee.

Increasingly employees are also being less than truthful on medical questionnaires. Whilst it is very unusual for a former employee to be sued by an employer for making a misrepresentation on such a form, it is potentially possible.

However, it is important that an employer ensures that such a medical questionnaire is correctly drafted to ensure that relevant questions are asked which will allow an employer to exemplify where an employee has lied.

Importantly employers should be very cautious not reject applications on the basis of answers to medical questionnaires, so as not to fall foul of discrimination legislation.

If you require advice or assistance in respect of the above or any other employment matter, please call our employment team on 01204 527777.

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