I’ve hired a liar….!!

What are the things employers need to know when they discover that someone has been dishonest during the recruitment process….?

• If the lie is sufficiently serious, a dismissal for gross misconduct (i.e. without notice) is possible.

• However, if the employee has yet to start work, your safest option can be to dismiss with notice. Usefully only the part of the notice period that falls after their intended start date (if any) needs to be paid.

• Contracts of employment should always make it clear what notice period applies during the period before they start the job. This is because the shorter notice period that is stated to apply during their probation might not apply to the period before they actually start. 

• Lying about your qualifications to get a job can amount to a criminal offence.

• Any emails or messages exchanged about a candidate may well have to be provided to that candidate if they request them.

• Be very wary of asking an employee if they have brough previous employment claims. It may create an assumption that’s why you’ve not hired them – and that would be unlawful.

• Not disclosing a disability or a medical condition will almost never count as dishonesty. The onus is an employer to find out about a candidate’s medical issues and even then, only when it directly relates to their job duties. Employers should always avoid asking sweeping questions about a candidate’s health.

• Neither does not disclosing a pregnancy!

A well thought-out and considered recruitment process is essential for avoiding expensive and time-consuming legal challenges.

For more information about how Pannone can support your business through HR Plus – a fixed fee employment law and HR support service – contact michael.mcnally@pannonecorporate.com or click here