Dishonest job applications: an employer’s guide

When applying for roles, applicants are keen to highlight their best qualities and draw attention away from any shortcomings that could cause employers to raise an eyebrow or cast doubt. However, there are occasions when employers discover that a new employee or a potential recruit has been dishonest or has omitted to provide key information during the recruitment process. According to a survey by Cifas, 1 in 5 individuals have lied about their university degree to secure employment and nearly 18% of UK people have lied on their CVs and job applications or know someone who has within the last 12 months.

Changes to the law

In response to this, it is important to tread carefully – especially as it is expected that under the Employment Rights Act 2025, employees starting on or after 1 July 2026 will have protection from unfair dismissal after six months’ employment, rather than two years.

‘Ensuring a thorough and fair process is carried out will be crucial,’ says Luke Amarn, a trainee solicitor in the employment team with Furley Page. ‘If a job candidate lies about necessary experience or qualifications, the employer may be able to withdraw the job offer. Good processes and the right wording in the offer can make this easier and reduce the risks of a breach of contract claim.’

Even in circumstances where the applicant did not outright lie but instead omitted significant information or was otherwise economic with the truth, this dishonesty can be enough to allow the employer to withdraw an offer of employment. This is because trust and confidence are at the heart of the employment relationship. If dishonesty comes to light later during employment, it may be possible to fairly dismiss an employee depending on the circumstances.

Tips on withdrawing an offer of employment

Withdrawing a job offer needs to be handled carefully. If the candidate has already accepted the offer, they could bring a claim for breach of contract. This is usually limited to compensation equivalent to the pay they would have received during their contractual notice period regardless of whether the employee commenced employment If the decision to withdraw the offer is discriminatory or for an automatically unfair reason, such as whistleblowing, they could have a claim for  other losses and injury to feelings.

To minimise risk:

• make offers conditional so that the offer can be withdrawn without liability if satisfactory employment references, criminal record checks (where needed) or evidence of qualifications are not provided;
• give the individual the opportunity to explain any apparent discrepancies or concerns about the information they provided;
• check you have a valid reason for withdrawing the offer and it ties in with the conditions set out in the relevant offer letter;
• be clear and honest about the reason, to avoid any suggestions of discrimination; and
• ensure consistency with any comparable situations to ensure that you can defend any allegations of discriminatory treatment.

Dishonesty discovered during employment

Omitting information in the application process can be dishonest and justify dismissing the employee after their employment has started. In Easton v Border Force [2025], the Employment Appeal Tribunal (EAT) decided that a civil servant had been fairly dismissed when he omitted from his job application that he had previously been dismissed for gross misconduct from another post in the civil service, a few years before.

The application form had asked for his employment history but did not specify what detail was needed. The applicant just gave his years of employment in different government departments. This meant it was not apparent that he had been unemployed for three months during this time. He missed out that he had been dismissed for gross misconduct. He ticked the declaration on the form that he was aware that he could be disciplined if he gave false information or withheld relevant details.

Shortly thereafter, his former line manager spotted him in his new role. After following a thorough disciplinary process, his employer dismissed him without notice. He argued that he had not wilfully withheld information. While there is not a general duty of disclosure, the EAT found that the employer had reasonably concluded that Mr Easton had been dishonest and the dismissal was judged to be fair.

By contrast, in Bouabdillah v Commerzbank [2012], an employment tribunal found that an employer had victimised an employee when they argued that she had been dishonest in her application form. The employee marked ‘no’ in answer to a question in the application form about being the subject of civil proceedings. However, she was involved in a tribunal claim against a previous employer, which subsequently attracted media interest . As a result, her new employer dismissed her, stating a breakdown of trust and confidence because she had not disclosed this claim at any time, including when discussing her reasons for leaving her last employer at her interview. The tribunal found that the employer’s response demonstrated that the real reason for the dismissal was because she had brought a discrimination claim against a previous employer, not because of a breakdown of trust and confidence. She had not misled her new employer and won her claim for victimisation for having brought a discrimination claim.

Tips for application forms

To avoid disputes, we suggest the following:

• be clear from the outset about the checks that will be made;
• include in the application form, clear and comprehensive requests for information about previous employment history, such as dates and reasons for leaving;
• include a declaration confirming the information is true and acknowledging the consequences if not; and
• promptly verify information provided about the employment history.

How we can help

We can help ensure the wording in your recruitment pack and job offers gives your business maximum protection and flexibility, and we can advise you on handling any concerns about the information provided by a candidate.

For further information, please contact Luke Amarn in the employment team.