- Employment law for employers
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The Chancellor, Rachel Reeves, is facing scrutiny after it emerged that she used a false claim to win her seat as an MP. Tania Goodman, Head of Employment at Collyer Bristow, comments on the rights of an employer in the event of identifying ‘fake claims’ on a CV.
1 minute read
Published 18 November 2024
The Chancellor, Rachel Reeves, is facing scrutiny after it emerged that she used a false claim to win her seat as an MP. She told voters during her election campaign that she had worked “as an economist … at Halifax Bank of Scotland”, using the experience to back up her claim that she had “economic expertise”. Last week Reeves’s team admitted she had actually worked in retail banking at Halifax, in a support role covering administration and IT matters.
Tania Goodman, Head of Employment at Collyer Bristow, comments on the rights of an employer in the event of identifying ‘fake claims’ on a CV:
“If a candidate has been economical with the truth or lied about their qualifications or experience this amounts to CV fraud because the employer has been hoodwinked into recruiting on a false premise meaning they may not be suitable for the role. Trust and confidence are the pillars that support the employment relationship and an implied term of every employment contract. A misleading CV breaches that duty and if sufficiently serious would justify immediate dismissal for gross misconduct.
Lying can also constitute a misrepresentation that may have been a material factor in offering the job and entering the employment contract. This opens the possibility of the employer claiming damages for financial losses flowing from the misrepresentation such as wasted recruitment fees and the cost of finding a suitable replacement.
When the Employment Rights Bill is enacted, a new employee will have a day one right to bring an unfair dismissal claim. This further highlights the need to warn candidates in advance of the importance attached to the accuracy of CVs, qualifications, and references. Make job offers conditional on the production of relevant certificates and carry out vetting and pre-employment checks, through a third-party provider if necessary. Prevention is better than cure and best done before day one of employment.”
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Shorter Reads
The Chancellor, Rachel Reeves, is facing scrutiny after it emerged that she used a false claim to win her seat as an MP. Tania Goodman, Head of Employment at Collyer Bristow, comments on the rights of an employer in the event of identifying ‘fake claims’ on a CV.
Published 18 November 2024
The Chancellor, Rachel Reeves, is facing scrutiny after it emerged that she used a false claim to win her seat as an MP. She told voters during her election campaign that she had worked “as an economist … at Halifax Bank of Scotland”, using the experience to back up her claim that she had “economic expertise”. Last week Reeves’s team admitted she had actually worked in retail banking at Halifax, in a support role covering administration and IT matters.
Tania Goodman, Head of Employment at Collyer Bristow, comments on the rights of an employer in the event of identifying ‘fake claims’ on a CV:
“If a candidate has been economical with the truth or lied about their qualifications or experience this amounts to CV fraud because the employer has been hoodwinked into recruiting on a false premise meaning they may not be suitable for the role. Trust and confidence are the pillars that support the employment relationship and an implied term of every employment contract. A misleading CV breaches that duty and if sufficiently serious would justify immediate dismissal for gross misconduct.
Lying can also constitute a misrepresentation that may have been a material factor in offering the job and entering the employment contract. This opens the possibility of the employer claiming damages for financial losses flowing from the misrepresentation such as wasted recruitment fees and the cost of finding a suitable replacement.
When the Employment Rights Bill is enacted, a new employee will have a day one right to bring an unfair dismissal claim. This further highlights the need to warn candidates in advance of the importance attached to the accuracy of CVs, qualifications, and references. Make job offers conditional on the production of relevant certificates and carry out vetting and pre-employment checks, through a third-party provider if necessary. Prevention is better than cure and best done before day one of employment.”
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Partner - Head of Employment
Specialising in Employment law for employees and Employment law for employers
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