Lying on a CV & Fake CVs: Employers’ Guide

During the hiring process companies of all sizes can fall victim to applicants lying or embellishing their CVs. With employers across sectors struggling to fill vacancies, and HR departments reluctant to conduct reference checks because it can be time consuming, CV fraud is on the rise and becoming a challenge for recruiters.

But there are many risks for an organisation that has not done their due diligence before employing someone. Not only does it hold up the recruitment process, but CV fraud can also undermine the reputation of a company, lead to a loss of work and there could be resulting legal issues.

In this guide, we discuss CV fraud and how to identify and avoid fraudulent CVs when making your next hire.

 

Section A: What is CV fraud?

 

CV fraud is the deliberate use of false or materially misleading information in a curriculum vitae, application form, covering letter, reference or any other documentation supplied during a recruitment process, with the intention of securing employment or some other advantage. In UK law and HR practice it is distinguished from mere “puffery” (subjective self-promotion such as “excellent team-player”) because it involves factual misstatement or concealment that a reasonable employer would regard as important.

CV fraud can take many forms, from an embellished history of volunteer work or a padded-out work timeline, to fabricated qualifications from a university the applicant never attended.

The most common lies or embellishments range from inaccurate or deliberately false career history and academic qualifications to failure to mention fraud committed against previous employers.

 

Area	Common falsehoods or omissions
Qualifications	Claiming degrees or professional licences never obtained; inflating grades; citing unaccredited institutions.
Employment history	Inventing jobs, altering job titles to imply seniority, extending dates to hide gaps, concealing dismissals or disciplinary action.
Professional memberships / clearances	Stating current membership of a chartered body or holding security clearance that has lapsed or never existed.
Achievements & publications	Fabricating sales figures, awards, patents, journal articles.
Identity & eligibility	Using another person’s credentials, falsifying right-to-work documents.

 

 

Section B: Is it illegal to lie on a CV?

 

Lying on a CV is not a specific criminal offence under a specific UK statute, but it can amount to illegality under several existing laws once the falsehood is used to obtain or keep a job.

 

1. Breach of Contract

 

All employment contracts contain an implied (unwritten) term of mutual trust and confidence between employer and employee. This is fundamental to the relationship and binding on both parties. Lying on a CV and failing to disclose that lie is likely to amount to a repudiatory breach of this term and give you the right to dismiss them without notice.

Where the employee has worked continuously for more than two years, the decision will need to be reasonable (taking account, for example, of the seriousness of the lie) and a fair procedure should be followed. In most cases this will involve following your disciplinary procedure.

We recommend that you make your offers of employment and employment contracts conditional on satisfactory references and verification of qualifications. This will mean that you will not be in breach of contract if the applicant’s qualifications or work history prove to be unsatisfactory or incorrect. Where an offer is withdrawn, it is important to keep a detailed record of the reason for withdrawing the offer to reduce the risk of a successful discrimination claim.

 

2. Misrepresentation

 

Misrepresentation arises where an inaccurate statement of fact is made which induces an employer to enter into the contract of employment. The statement must be of fact and therefore an opinion such as “works well under pressure” will not amount to misrepresentation if a candidate then fails to live up to this opinion.

Where the applicant has deliberately misrepresented the facts, the contract becomes voidable, meaning that you can choose to treat the contract as invalid. If the misrepresentation was a material factor in inducing you to offer the candidate the job, you may also be entitled to compensation.

Misrepresentation would also be a sufficient reason for a misconduct or “some other substantial reason” dismissal in cases where the lie was sufficiently material to the job in question.

 

3. Fraud & criminal liability

 

There could even be criminal consequences for candidates, as lying on a CV could amount to a criminal offence of fraud under the Fraud Act 2006. The maximum penalty for this offence is 10 years in prison. Most cases involving lying on a CV are likely to result in much shorter sentences taking into account the level of deception, any gain made and harm caused.

Unless sufficiently serious or where the fraud involves public funds, the police are unlikely to get involved in cases of false misrepresentation in a CV.

An understandable error made by many employers, which also impacts on remedies, is to assume that utilising the services of a recruitment consultant means that then consultants have thoroughly checked academic qualifications, career history and references. In many cases, this is not correct and the terms and conditions of the recruitment agency should be carefully checked on this issue. If the contract excludes liability or is silent on the point, it is worth raising the issue and insisting that the consultants carry out checks.

It is always worth screening employees thoroughly and there are many excellent companies that run very thorough checks. A difficult issue can arise as regards criminal records, which are clearly a concern for employees. In most cases, you can ask an employee the question but if you are cautious or suspicious, in most industries, you would need the applicants consent to apply for a formal background check.

 

4. Regulatory sanctions

 

For regulated professions (e.g., solicitors, healthcare, finance) dishonesty during recruitment can trigger professional-conduct proceedings.

 

Section C: Use of AI & Tech in CVs

 

At first glance, it can be difficult to understand why anyone would lie or submit a fake CV. But one of the main reasons for the rise in CV fraud appears to be due to applicant tracking systems (ATS). Many employers now use an ATS to filter CVs that match their specific requirements such as education and experience. As a result, job seekers are becoming increasingly familiar with how ATS’s work and are embellishing and altering their experience and qualifications on their CV in the hope that they are matched.

Artificial intelligence tools that draft or polish CVs are now also mainstream. Candidates use them to tighten grammar, quantify achievements or even produce an entire career narrative from a few prompts. There is no UK law that bans applicants from doing so. Arguably, in principle, it is no different from asking a friend to proof-read a CV. However, the practice raises compliance and risk issues that employers need to manage.

 

1. Truthfulness and misrepresentation

 

Under the Misrepresentation Act 1967, an offer of employment induced by false statements can be rescinded and damages pursued. If an AI system invents qualifications, inflates responsibilities or fabricates job titles, it is the candidate and not the software that remains legally responsible. At the criminal end of the spectrum, knowingly providing false information on a CV could amount to fraud by false representation under the Fraud Act 2006. Conversely, there is nothing unlawful about using AI to improve wording so long as the underlying facts are accurate.

Add a short declaration in the application form requiring candidates to confirm that all statements are true and may be verified. Make clear that material inaccuracies may lead to withdrawal of the offer or, post-hire, disciplinary action. Follow through with reference checks and qualification vetting; do not rely solely on an AI-polished document.

 

2. Copyright and confidentiality

 

Generative AI can lift phrases wholesale from training data or online sources. If a CV contains substantial copied text from copyrighted works, the applicant may have infringed copyright, but the hiring organisation rarely faces liability unless it republishes that material. A more acute risk is that candidates may paste confidential client information into prompts, thereby breaching NDAs or data protection obligations.

If a CV appears to contain proprietary material (for example, detailed client revenue figures traceable to a non-public source), query its provenance and, if necessary, redact before circulating internally.

 

3. Data protection considerations

 

Where employers themselves use AI “CV-parsing” software, they become data controllers under the UK GDPR. They must provide privacy notices, process data lawfully and avoid automated decision-making with “legal or similarly significant effects” unless an exemption applies. In contrast, a candidate’s personal use of AI does not directly implicate the hiring organisation in data protection breaches, but employers should stay alert to “deepfake” identity fraud.

As such, it is advisable to keep recruitment analytics or chatbot screening under human review to comply with UK GDPR Article 22, and store CVs securely and delete AI-flagged “suspect” applications only once a decision is confirmed and documented. Premature deletion may hamper the defence of discrimination claims.

 

4. Equality and accessibility

The Equality Act 2010 prohibits employers from indirect discrimination. A policy that rejects every AI-generated CV could, for example, be deemed to disadvantage neurodiverse candidates who use language models as an accessibility tool. Equally, over-reliance on automated detection software risks false positives for applicants whose first language is not English.

Instead, focus on substance rather than authorship. Ask shortlisted candidates to discuss their experience in detail or complete a work-sample test, thereby validating content without penalising legitimate assistance. Adjust processes, for example by accepting atypical formatting, where this is a reasonable adjustment.

 

Section D: Employer Rights

 

If you believe someone has lied on their CV, you may be considering your options. Depending on the circumstances, these could include:

 

1. Withdraw a conditional job offer for lying on a CV

 

Having found an applicant you want to offer a job to, there is often a delay while you verify academics, career history and references and one way of covering your position is to make the job offer expressly conditional on the results of your enquiries being satisfactory. In addition, it is important to include in your contracts if employment a specific clause stating that it is a fundamental term of the employee’s employment that their application for employment was accurate.

 

2. Can you dismiss someone for lying on their CV?

 

Having an express clause in the employment contract on this issue, is recommended. However, the terms in an employment contract are not necessarily decisive in the event of a dispute. If you find that an employee has lied to you about their history this is very likely to be a breach of the duty of mutual trust and confidence implied into every employment relationship.

Whether it gives you the right to dismiss the employee will probably depend on :

 

• how serious is the lie
• what type of job role the employee undertakes
• how long the employee has been working for you and his/her performance and trustworthiness other than the incorrect information
• industry or profession specific factors –it may be imperative, for example, if you are a regulated business, that an employee has certain qualifications or does not have a criminal record. In that case, you may have stronger grounds for taking action to terminate the employment.

 

As an employer, you should always follow fair process even if you find that the employee has lied to you and give the employee the right to explain. Be wary also if possible discrimination .

 

3. Alternatives to dismissal

 

Based on the employee’s breach of contract and potentially the decision to dismiss, other issues can arise such as the position on any fees paid to recruitment consultants. What about the costs of recruiting a replacement member of staff ? You may well have the right to sue the employee but in reality, this is rare, and of course depends primarily on whether the individual is worth suing; will they be likely or able to pay any judgment amount awarded?

Other alternatives of course include a written and possibly even a final warning if you decide not to dismiss, and again, be sure to follow correct process if you proceed with the disciplinary procedure.

 

Section E: Best practice to protect against CV fraud

 

For employers, having processes in place can help to minimise the risk of CV fraud.

Don’t assume a recruitment consultant has properly checked a candidate’s CV. Conduct a robust recruitment process that involves thorough reference checks, proof of salary and benefits and obtain evidence of tertiary qualifications and membership associations. Call an organisation’s landline and avoid calling a mobile telephone number. Always get a reference from the Human Resources department and if the company has closed down, verify that it has actually closed down.

Delve deeper during the interview process, do not be afraid to ask many questions about a candidate’s experience, past employment, salary, benefits and bonus, dates of employment and education.

Be thorough during the job-related interview. Ask for examples of work to test the candidate’s skill level and knowledge. Be cautious of vague responses. Probe further when someone is not able to provide specific details about past employment and unable to elaborate on experience, education and skills.

Conduct a skills test – it is one thing for a candidate to say that they are proficient in a language or skill but it’s another thing when they have to demonstrate this skill during the interview process or worse still, when they have started the job.

There are usually obvious red flags when a candidate has been promoted very quickly and the titles keep getting more senior over a short time. Experienced recruiters should also be able to pick up on inflated job titles and probe more deeply.

If dates on a CV do not ‘add up’, ask the applicant about the months in which they began and ended working with an employer. Generally candidates who write only the years only to be hiding short durations or gaps. Question the applicant about their previous employments in detail.

Body language also speaks volumes. Whilst the candidate thinks they can pull off their false claims, their body language will give away their discomfort at the questions being asked.

Remember to ask for references; a skilled liar may get away with embellishing their past responsibilities, experiences, education and skills but an honest reference will state facts.

Finally, implement a policy to deal with dishonest candidates and employees, and make this available as part of your recruitment communications, such as links on job advertisements or a career website.

 

Section F: Need Assistance?

 

As employer solutions lawyers, DavidsonMorris bring together expertise in employment law and HR. For advice on vetting employees or investigating suspicions that an employee has lied, speak to our experts.

 

Section G: Fake CV FAQs

 

What should I do if I suspect a candidate has submitted a fake CV?

If you suspect a candidate has provided a fake CV, start by verifying the information directly. Contact previous employers, check qualifications with educational institutions and speak to any referees. If the suspicions are confirmed, you can withdraw the job offer or take appropriate disciplinary action if the candidate is already employed.

 

Is it illegal for candidates to lie on their CVs in the UK?

Providing false information on a CV, especially regarding qualifications or experience, can be considered fraud under UK law. If an individual is hired based on fraudulent information, they could face legal consequences and the employer may have grounds for dismissal.

 

How can I prevent fake CVs from slipping through the recruitment process?

To prevent fake CVs, implement a thorough recruitment process that includes pre-employment checks, such as verifying qualifications and references. Using technology, such as background screening software, and conducting detailed interviews can also help identify inconsistencies.

 

What are the most common types of false information on CVs?

The most common falsifications on CVs include exaggerating or fabricating qualifications, inflating job titles or responsibilities, altering dates of employment to cover gaps and listing fake references. Always verify key information.

 

How long should I keep records of CVs and related documents?

In the UK, employers should keep recruitment records, including CVs, for at least six months after the recruitment process ends. This helps in case of any legal challenges or disputes. If a candidate is hired, their CV and related documents should be kept as part of their personnel file for the duration of their employment and for a set period after they leave.

 

Can I use third-party services to verify CVs?

There are numerous third-party services in the UK that specialise in background checks, including verifying employment history, qualifications, and references. These services can provide an additional layer of assurance that the information provided by candidates is accurate.

 

What should I do if I unknowingly hired someone with a fake CV?

If you discover that an employee was hired based on a fake CV, you should investigate the situation thoroughly. Depending on the severity of the falsification and its impact on their role, you may need to consider termination or other disciplinary measures. Legal advice may be necessary to handle the situation appropriately.

 

Are there specific industries in the UK where fake CVs are more common?

While fake CVs can be an issue across all industries, they are particularly common in highly competitive fields such as IT, finance and law, where qualifications and experience are heavily scrutinised. Employers in these sectors should be especially vigilant during the recruitment process.

 

Section H: Glossary

 

 

Term	Definition
CV (Curriculum Vitae)	A detailed document highlighting an individual’s professional and academic history, skills, and achievements, commonly used in job applications.
Fake CV	A CV that contains false, exaggerated, or misleading information about a candidate’s qualifications, experience, or skills.
Pre-Employment Screening	The process of verifying the background, qualifications, and references of a job candidate before hiring.
Applicant Tracking System (ATS)	A software application that helps employers manage recruitment and hiring processes, including CV screening and background checks.
Due Diligence	The process of conducting thorough checks and verifications to ensure the accuracy and legitimacy of a candidate’s credentials.
Background Check	An investigation into a candidate’s history, including employment, education, criminal records, and other relevant areas, to verify their suitability for a role.
Qualifications	Certifications, degrees, or other formal education credentials that demonstrate a candidate’s knowledge and skills in a particular area.
References	Individuals or organisations that can vouch for a candidate’s work history, skills, and character, often contacted by employers during recruitment.
Fraud	The act of deceiving an employer by providing false information, such as fabricating qualifications or experience, to gain an advantage.
Disciplinary Action	Measures taken by an employer to address misconduct, which may include warnings, suspension, or termination of employment.
Employment Law	The body of laws in the UK that governs the relationship between employers and employees, including hiring practices and workplace conduct.
Verification	The process of checking the accuracy and authenticity of information provided by a candidate, such as qualifications or work history.
Recruitment Process	The steps involved in identifying, attracting, and selecting candidates for employment, from job postings to interviews and final hiring decisions.
References	Individuals or entities who can confirm a candidate’s qualifications, experience, and work ethic, usually contacted during the hiring process.
AI (Artificial Intelligence)	The use of technology that mimics human intelligence to perform tasks such as screening CVs or identifying patterns that may indicate fraudulent information.