Jail sentence for woman who lied on CV

Plymouth Magistrates’ Court hand down prison sentence to woman who falsified her application form for a NHS administrator role.

The Facts

Rhiannon Mackay applied to be a capital projects administrator with the NHS. The role required two A-Levels and Ms Mackay was asked to provide a reference from her previous employer, the Royal Navy. Ms Mackay falsely claimed to have two grade B A-Levels and also produced a forged letter, signed in the name of her then boyfriend, a chief petty officer, together with a forged navy discharge certificate.

Ms Mackay held the position for more than a year before she was challenged by managers who were unhappy with her performance. She subsequently admitted to falsifying her application. Criminal proceedings were subsequently brought by the NHS Trust and, after confessing to fraud and entering a guilty plea to making a false instrument (the false reference) and discharge certificate, Ms Mackay was handed a prison sentence of six months.

Comment

The Chartered Institute of Personnel and Development understands that this type of behaviour is not uncommon; one in a quarter of employers withdraw job offers on the basis of the candidate having lied and one in five candidates get a parent or friend to pose as a referee.

Falsifying information either in a CV or during an interview when the offender knows the information to be untrue is a criminal offence under the Fraud Act 2006. It is also a crime to make a misrepresentation by using body language to confirm a lie. The punishment in either case is imprisonment for up to 10 years. A simple nod of the head which, for example, falsely gives the impression the offender has a particular qualification, could well result in a prison sentence if later to be found untrue.

Practice points

Despite these shocking statistics it remains important for employers when undertaking the recruitment process, to continue not only to obtain references but also to fully check them out. It may also prove useful to obtain accompanying information such as certificates and other corroborating evidence. Although many employers simply provide factual information on a reference, information can still be sought from a CV or a pre-employment questionnaire. Evidence can also be obtained from a cleverly worded interview question.

Keep evidence of the interview and any decision making process in case decisions are challenged at a later date.

Additionally, company policy should clearly include the fact that employees cannot write their own references and also the consequences of what might happen if it is later found they falsified their pre-employment information.

For further information please contact our Employment Team by telephone on 0118 9527584 or by email at elg@boyesturner.com.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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