job applications

[gillywilly97]

Is it actually illegal to lie on job application forms? I seem to remember Maxine thingy of the Soham murders getting into trouble over this. My problem is I have a few years of unemployed misspent youth to hide, as well as a dismissal for gross misconduct which I am obviously not going to admit to! I am also 50 now, ancient as far as some are concerned. My sneaky idea is to erase 5 years, thus making myself 5 years younger and hiding the bad stuff. I will have to have the collusion of one of my referees as many of my employment dates would also be wrong. I am, of course, a upright and responsible citizen now that any emplyer would be pleased to have!

[Whickerman]

If the job is subject to a police check, you would be in hot water.

If not, if you were found out you could be dismissed immediately, regardless of tenure, as you will have rendered your contract void, but it's not illegal.

[steve99]

Yes, it is illegal to tell lies to people and deceive them into giving you things.
This is true no matter what you are lieing about and trying to trick people into giving you.

Tricking people into hiring you by lieing about your age, giving a fake employment history and hiding a dismissal, is not going to look good when you try to convince an employer (after you are discovered) that your are an upright and responsible citizen.
At best they will terminate your employment for dishonesty.

I would be inclined, if the dismissal was long ago, not to mention why I left the company. I would be very vague without lieing if asked.
Most companies will not check references back more than 3 firms / 5-6 years ago.

[Kathyan]

"I am, of course, a upright and responsible citizen now that any emplyer would be pleased to have!"

Not if you lie about your age and past you're not!

[steve99]

I've just noticed that Whickerman and I answered at almost the same time with different view points on legality.

I thought this was a crime under section 2 of the fraud act 2006, I'm interested now to know who is correct :)

Gillywilly97 clearly knows the statements he is going to make are untrue or misleading. If he makes them on a job application form and signs that they are true, he would seem to have dishonestly made a false representation?

He is doing this to gain employment and presumably a wage, doubtless he will gain from having employment and wage.

He is therefore dishonestly makes a false representation, and intends, by making the representation to make a gain for himself.

Let me know if I'm incorrect.

[Postdog]

Lose it another way - illness, temporary jobs etc.

[Whickerman]

Some opinions here
http://news.bbc.co.uk/2/hi/uk_news/magazine/41 67204.stm

Steve - seems you are correct in some cases, but there's actually a law on British Statute to cover it - "A job applicant who lies may be guilty of obtaining a pecuniary advantage by deception under the Theft Act 1968, which specifically includes obtaining employment. "
http://uk.businessesforsale.com/uk/false-claim s-on-a-cv-what-to-do.aspx


"Generally speaking, lying on your CV isn't a criminal offence," says Raymond Jeffers, chairman of the Employment Lawyers Association. "But once you begin obtaining money under false pretences because you have lied on your CV, then that is deception and fraud. It is a very unwise thing to do
http://www.careerbuilder.co.uk/UK/JobSeeker/Ca reerAdvice/ViewArticle.aspx?articleid=35&cbRec ursionCnt=1&cbsid=95f643dac7214bf091c20fd4336d a63c-261417114-JO-5&ns_siteid=ns_xx_g_cv_turth _lying_legal

Most opinion on the matter though points at the breach of contract issue, and the employee would most likely be sacked under this, rather than face charges, but you're correct about taking salary under false pretences being illegal.

[Buenchico]

As others have pointed out, 'attempting to obtain a pecuniary advantage by deception' is a criminal offence. As has also been pointed out, most employers would simply dismiss someone if they found out about untruths in a c.v., rather than report them to the police for prosecution.

While lying can get you into trouble, a little 'creative writing' can't. For example, consider a (fictitious) guy called Fred. During 1991 and 1992, Fred worked behind several bars (and got sacked in every case) but also made some money from car-booting and doing a bit of window-cleaning. Throughout most of 1993 he was in prison (for beating up his employer!). During 1994 he was mainly unemployed and got sacked from from the two jobs he did manage to obtain. However, he also made some money from car-booting and from painting his mates' homes. Fred eventually got long-term employment in 1995

Fred's c.v. should read as follows:
1991-94: During this period I was mainly self-employed, with multiple (overlapping) jobs. These included trading in secondhand goods, window-cleaning and working as a painter and decorator. I also worked, as a part-time employee, within the licensed trade.

Note that Fred has avoided mentioning the fact that he was sacked on many occasions. He's also failed to mention that he spent a year in prison. But everything that he's written is true. Such 'creative writing' is common in job applications and it's perfectly legal.

If you do decide that 'creative writing' won't help in your circumstances, and that lying is necessary, don't try to alter your age. (Your date of birth might show up when your employer gets the necessary paperwork for tax and National Insurance). Simply do what most people do - invent a period of self-employment. It's extremely hard to disprove and it can cover a lack of references.

Chris

[Aloysius535]

Remember though that obtaining a pecuniary advanyage by deception was repealed by the Fraud Act 2006

[gillywilly97]

Thanks to everyone who answered. I will have to forget the change of age idea, which was a bit silly and unlikely to work now I've had your collective input. Yes, creative writing is obviously the way forward!

[Kleiber]

If I have my facts right, it's actually a crime under the Theft Act. Obtaining a Pecuniary Advantage - i.e. if they'd known about the lies on your CV, they wouldn't have employed you, therefore you're "taking money" (i.e. your wages) "under false pretences." I rest my case.

[Aloysius535]

Kleiber - It was an offence - S.16 Theft Act but that was repealed by the Fraud Act 2006 and the offence would now be Fraud - False representation.

[Kleiber]

Cheers, Aloysius - I retired from the police 19 years ago & have lost touch with what's going on!!