How to read CV's between the lines

By Sarah Townsend, Senior Solicitor

First published in the NBR, 30 May 2008

Everyone who has ever sat down and written a CV knows that it involves a certain amount of spin, marketing and sometimes just a tiny bit of embellishment. That is how organising your grandma’s 70^th birthday barbeque at home, becomes “Event Management experience” on your CV.

But where is the line between enhancement and an out and out lie? And what can employers do if they find out that an employee misled them about their qualifications, skills and experience during the recruitment process?

Reports that Mary Anne Thompson, former head of Immigration at the Department of Labour, lied about having a PhD from the London School of Economics on her CV have caused a political storm. The matter has even been referred to the police for investigation. Conductor David Lindup has also been reported to have embellished his CV, claiming to have played professionally with at least three British orchestras - that have no record of him.

Surprisingly, once someone is on the payroll, the options for dealing with the issue can be limited and terminating employment because of a lie on a CV is difficult to justify.

Job candidates do not have to volunteer information at interview, which might jeopardise their chances of getting the job. However, if asked a question, they do have a duty not to lie. So make sure that you ask all questions at interview and on an application form, which are important to and relevant to your decision to hire. If qualifications are important to the job, check up on them and ask to see certificates. If relevant experience is crucial, check references. Any background checks should be carried out before a job offer is made. It is too late to change your mind about a candidate if an offer of employment has already been made and accepted.

If you have already employed someone and you subsequently discover that their CV was a work of fiction and they misrepresented themselves to you at interview, what can you do? The first step is to consider how serious the misrepresentation was. Was it an annoying exaggeration or a lie about a crucial requirement of the role? In the case of the former, there may be little you can do. But where an employee has crossed the line and lied about a material factor, which influenced your decision to hire them, this can sometimes justify you cancelling the contract and ending the employment relationship. These situations are rare and employers should take advice before taking any action. Including a clause in the employment agreement dealing with these situations can help justify any subsequent dismissal. Before terminating employment, a full investigation must take place and the employee should be given the opportunity to explain their actions before any decision is made.

In most cases, an employee’s misrepresentation about their qualifications and skills will not be so serious as to provide grounds to cancel the contract, but could have an impact on how well they are performing in their role.

A trial period is useful in assessing a new employee’s suitability for a position. If any problems arise during the trial period, these should be addressed and managed as performance concerns. Managing this process fairly is crucial, even if the employee’s poor performance is the result of them having misrepresented their skills and experience to you. A failure to follow a fair process will mean that any subsequent dismissal will be unjustified.

Prevention is better than cure. Ensure you have good recruitment processes in place. If problems do arise after employment has started, these should be dealt with fairly and in accordance with rules of natural justice.

Five ways employers can minimise problems with falsified CV's are:

Conduct background checks before offering employment
Include a clause in your employment agreement about the importance of representations made at interview
Have a trial period
Manage performance issues fairly
Do not terminate employment without taking legal advice

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