Job application lies – is it a crime?

It’s hard to find accurate statistics about how many job applications contain lies. People are understandably cagey about admitting they have fibbed on a CV or application letter. But it’s a more common problem than you might think. A 2017 YouGov study found that 10% of British people admitted lying on a CV at some point in the past. Another survey found that 86% of employers had come across fraudulent applications. Perhaps the most shocking statistic was that 92% of people who admitted lying on a CV or application form had got away with it. However, recruiters are getting smarter in their battle against fraudulent job applications. If you’ve considered embellishing your exam grades or inflating your responsibility, could you be committing a criminal offence?

Job application lies and fraud

Most applicants are not aware that making false statements on a CV or job application letter is a criminal offence. Under the 2006 Fraud Act however, it is an offence to lie with the intention of securing employment. Most people aren’t aware it’s an offence because so few people are prosecuted for it.

Companies who discover that an employee has lied, or exaggerated qualifications generally don’t want the hassle and bad publicity resulting from a prosecution. The most common course of action is to get rid of the employee right away, and start recruiting again. An employer only goes down the criminal route if they have lost out financially because of the employee’s actions. They might want to “make an example” of a rogue employee who has cost them millions. They may also try to recoup some of their losses.

If you are caught and prosecuted, then this conviction will be listed on your criminal record as with all other types of crimes. This might come back to haunt you when you apply for your next position, and are asked about a DBS check. Disclosure checks look at your criminal records, and is an employer going to want to take on someone convicted for fraud?

Can I be sacked for lying on my job application?

The answer to this one is easy – yes you can. Read your contract of employment, and there will be a clause about breach of trust. Breach of trust refers to a total breakdown in the relationship between employer and employee. An example of this would be lying in an job application. Breach of trust falls under the heading of gross misconduct, and usually means instant dismissal. All employers should follow the right process and do things by the book. This means giving you the chance to argue your case. However, if you are found to have been less than truthful, usually you will be dismissed.

Damages payments

Something else to consider is whether your employer might have grounds to sue you for damages. Again, this isn’t something companies like doing as it is expensive and creates bad publicity for them. But if your actions have cost them a lot of money, then it’s something they may consider. An employer would have to be able to prove beyond doubt the parts of your application that weren’t true. Then, show to the court that the company had suffered a financial loss.

What to consider

The simplest advice is always the best. Tell the truth when writing to a company about a position you’ve seen advertised. Don’t be tempted to bump up your exam grades and hope nobody will notice. Don’t make your current position sound more exciting than it is, with more responsibility. Employers across the UK are getting wise to the most common areas of exaggeration and fibs on a CV, and many are now fact checking as part of the recruitment process. This pre-employment checking goes above and beyond calling your referees and finding out how long you’ve been in your position.

Employers are increasingly contacting universities to confirm stated classes of degree. They may also ask candidates to bring in exam certificates, or call up previous employers to ask exactly what someone’s responsibilities were. Recruiters might also run a credit check for vacancies in the financial services industry, or look at social media accounts to get a better picture of the people working for them. Always err on the side of caution when writing a CV and make sure it’s honest. There’s no such thing as a “white lie” in recruitment.