CV embellishments are common. If a professional chooses to modify aspects of their CV to exaggerate their current or past roles, what distinguishes harmless embellishment from illegal misrepresentation? Our partner, Garvey Hanchard, discusses the complexities of lying on your CV.
Is Lying on a CV Illegal?
Lying on a CV is not a specific legal offence, but if a job candidate knowingly provides false information to gain employment, this could be considered fraud, which is a criminal offence in England and Wales. Where the candidate is successful in obtaining the job and goes on to be paid, then that could trigger a separate offence of theft by deception if the salary paid would not have been accepted as a result of the false statements.
Lying by claiming to have certain qualifications specifically required for regulated professions, such as in law, healthcare, and finance, would in most cases be an additional offence which could lead to regulatory or legal action, fines and even imprisonment.
In most employment relationships, a candidate who had lied on their CV would almost certainly be in serious breach of their employment contract and risk immediate dismissal for gross misconduct.
The Implications of Lying on a CV
As an employment lawyer, I have come across many cases where job offers have been revoked as a result of an embellished CV and several cases where employees have gone on to be dismissed either for having lied during the recruitment process or for claiming skills that it was later discovered they did not have. In other cases, even where the employee is performing well in a role they lied to obtain, they can still be at risk of dismissal for breach of trust.
In most cases, an employer will stop at dismissal and not pursue any legal action. However, there are plenty of examples where the employer has gone further. A recent example is the criminal case against Jon Andrewes that went to the Supreme Court in 2022, where Mr Andrewes was found to have falsely claimed to hold two doctorates and fabricated much of his experience, allowing him to secure senior positions within the NHS.
The deception spanned years, enabling him to gain employment in highly responsible roles for which he was unqualified. The court described his misrepresentations as “a series of staggering lies” and ultimately ruled that he had unlawfully benefited from his fraud. He was sentenced to two years imprisonment and ordered to repay £244,569 in salary, that being the additional salary the Court decided he had received as a direct result of his deception.
In 2024, former police chief constable Nick Adderley was dismissed from his role and placed on the barred police list having been found to have lied about his naval rank, length of service and achievements.
Employees who have been spared legal or regulatory action for lying on their CVs may still suffer long-term reputational damage following a dismissal, making it difficult to secure another job, especially within the same industry. Blacklisting in some industries, where records may be kept of undesirable applicants, could do irreversible harm to an employee seeking redemption after having been caught lying on a CV even years earlier.
Harmless Exaggeration vs. Serious Fraud
The difference between minor self-promotion and deception should hopefully be self-evident to most people. It is common for a candidate to enhance the wording of their CV to sound more impressive, for example describing themselves as a key contributor on a project where in fact they had a minor role.
Such statements might be overlooked as matters of interpretation. Falsely claiming to hold a qualification never held, however, cannot be a matter of interpretation and is much more likely to amount to fraud, of the sort that a prospective employer might be inclined to report, or in regulated industries, be required to report.
When is CV Fraud Especially Serious?
Lying on a CV is particularly serious in fields where qualifications and trust are non-negotiable such as in healthcare, where falsifying medical credentials can endanger lives and result in criminal charges. Fraudulently claiming law degrees or bar qualifications in the legal profession can lead to disbarment and legal penalties whilst misrepresenting financial expertise or certifications like ACCA or CIMA in finance and accounting can lead to serious regulatory consequences. Meanwhile, positions in government and security that require security clearances often involve thorough vetting, and dishonesty can result in immediate dismissal or legal repercussions.
Our team of partners is experienced in all aspects of employment law. If you’re experiencing challenging employment issues, please get in contact with us today.
