Question:
Termination of Employment based on false statement on CV ? Accountant relate ?
Can anyone please advise me what my legal position is having sacked an
employee after less than one month continuous service.
My reasons for sacking him are
1: False statements on his CV
2: He mislead my company regarding his abilities and experience.
Answer:
-If you sack him before he has been employed for 12 months, unless he can
claim some sort of discrimination, he has no claim on you.
False statements and claims on a CV amount to a breach of contract [1] and
as such a sacking after 12 months can also be quite legal, provided that the
employer can claim that he was genuinely unaware of the false claim.
[1] Genuine case: A large company employed a chief accountant. The man so
employed claimed to be chartered accountant on his CV (which, of course, was
a job requirement). A member of his department, on gaining his chartered
accountant status looked up his colleagues in his newly acquired members
guide, and was surprised to find the chief accountant curiously missing.
Once this news reached the upper management of the company, they sumarily
dismissed the chief accountant. He took the case to an employment tribunal,
who upheld the company's claim that the chief accountant was in breach of
contract, and misrepresented himself.
-Your dismissed employee may have committed the criminal offence of Gaining
Pecuniary Advantage by Deception. The 'pecuniary advantage' being the
salary you paid him, and the 'deception' being the lies on his CV.
Obviously it would depend on the extent and degree of the
misrepresentations on his CV as to whether the CPS might proceed.
Potentially, he's in a world of shit.
