Did Lee the new apprentice break the law ?

[BRAVO1]

Ok, we all have heard and read the stories about Lee the new Alan Sugar apprentice, being economical with the truth regarding his qualifications on his CV.

But my question is this : If he gained employment with his previous employer, through lying, ie : he got the job because he said that he was a university graduate, is there a point of law that covers such an act ?.

Could his past employer take him to court and ask for his wages back ?.

[Buenchico]

The Theft Act 1968 (Section 16, Paragraph 1), which would have applied at the time Lee submitted his CV, stated
"A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment not exceeding five years".

So Lee could face a prison sentence of up to 5 years. (That Act has now been repealed and replaced by the Fraud Act 2006 which essentially says the same thing:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=fraud+act+2006&searc hEnacted=0&extentMatchOnly=0&confersPower=0&bl anketAmendment=0&sortAlpha=0&TYPE=QS&PageNumbe r=1&NavFrom=0&parentActiveTextDocId=2922456&Ac tiveTextDocId=2922461&filesize=2772 )

The situation with regard to Lee's contract with his former employers is a complex one. Basically, he was contracted to provide certain services in return for specified payments. If he provided those services (at a level consistent with the reasonable expectations of someone with his [fictitious] CV) it might be hard for the former employer to demand any money back. The employer would need to show that Lee's dishonesty had led to a financial loss to his company (e.g. because clients or customers no longer trusted the company) in order to make a successful civil claim against Lee.

Chris

[Suzyboo]

I don't think that he claimed to be a graduate though, just that he lasted longer before he dropped out and he didn't necessarily even do that for his previous job rather than just for the apprentice where he was rumbled before the job offer.

[BRAVO1]

Many thank's to Chris for that 5 star answer !.

Suzyboo : I wrote "if " he gained employment with a previous employer.

The point is, he lied, he was there a couple of months when he said he was there several years, there's quite a difference...

As an employer how would you feel ?.

You have had applicants who have been just as good if not better, but you chose Lee above them, on the merits of this fictitious university qualification perhaps. How would you feel as a job applicant who studied hard to get a degree, only to get pipped to the post by a liar ?.

I think this exercise by Sir Alan, just goes to show the calibre of the actual applicants this year. If that is the best of the best of over 20,000 applicants then I am sorry to say Sir Alan's team are just as stupid.

Selling Lobsters at a fiver each, trying to promote national recycling day on a piece of cardboard, the antics of these clowns bordered on the farcical week in and week out.

Thank's for your imput, I am off to the tip now with my Amstrad stereo I found in the loft.

" Now thatz wot I am talking about "

[LAW_DROP-OUT]

dont think the police get involved too much ,,,,with "gaining aoercuniary advantage" etc ,,,,,,, --- they may point this out , if an employee, has stolen/ been fraudalent , at a place of work etc , and the police are called in , then they may request to see , "application forms / CV " , that a "suspect employee " , sunmitted when being hired ...etc -

[thugulike]

There has been a recent tribunal decision about this issue. If the qualification was essential for the job then the person who lied can be dismissed. Sorry, can't remember the case name or number but it did involve a major company and a chief executive if memory serves me right.