Dishonest job applications: an employer’s guide
1 May 2026
Anyone applying for a new position will be keen to highlight their best points and divert attention from any blots on their career history. However, there are occasions when employers discover that a new employee or potential recruit has been downright dishonest – whether by commission or omission – during the recruitment process.
If this happens, it is important to tread carefully – especially as it is expected that under the Employment Rights Act 2025, employees starting on or after 1 July 2026 will have protection from unfair dismissal after six months’ employment, rather than two years.
If a candidate lies about necessary experience or qualifications, an employer may be able to withdraw a job offer. Good processes and the right wording in the offer can make this easier and reduce the risk of a breach of contract claim.
Likewise, if the applicant did not tell a lie but omitted significant information or was otherwise economical with the truth, this dishonesty may be enough to allow the employer to withdraw an offer of employment. This is because trust and confidence are at the heart of the employment relationship.
If dishonesty comes to light later during employment, it may be possible to fairly dismiss an employee depending on the circumstances.
In this article, we outline some key points to consider before and after any new recruit has started working for you.
Withdrawing an offer of employment
Withdrawing a job offer needs to be handled carefully. If the candidate has already accepted the offer, they could bring a claim for breach of contract. This is usually limited to compensation equivalent to the pay they would have received during their notice period. If the decision to withdraw the offer is discriminatory or for an automatically unfair reason, such as whistleblowing, they could have a claim for other losses and injury to feelings. To minimize risk:
make offers conditional on the receipt of satisfactory employment references, any criminal record or regulatory checks (where needed) or evidence of qualifications, so that the offer will be withdrawn or any contract voided if these are not provided, and incorporate these terms into any contract if it is signed before receipt of the above;
give the individual the opportunity to explain any apparent discrepancies or concerns about the information they provided;
check you have a valid reason for withdrawing the offer and that it ties in with the conditions set out in the relevant offer letter;
ensure the reason for withdrawal is clearly stated, to avoid any concerns that discrimination is at work; and
act in a manner consistent with any prior withdrawals to ensure that you can defend any allegations of discriminatory treatment.
Dishonesty discovered during employment
Omitting information in the application process may constitute dishonesty and may justify dismissing the employee after their employment has started. In Easton v Border Force [2025] EAT 15, the Employment Appeal Tribunal (EAT) decided that a civil servant had been fairly dismissed when he omitted from his job application that he had been dismissed for gross misconduct from another post in the civil service a few years previously.
The application form had asked for his employment history but did not specify what level of detail was needed. The applicant just gave his years of employment in different government departments. This meant it was not apparent that he had been unemployed for three months during this time. He did not state that he had been dismissed for gross misconduct. He ticked the declaration on the form that he was aware that he could be disciplined if he gave false information or withheld relevant details.
Shortly after commencing his new job, his former line manager noticed him in his new role. After following a thorough disciplinary procedure, his employer dismissed him without notice. Mr Easton argued that he had not wilfully withheld information. While there is not a general duty of disclosure, the EAT found that the employer had reasonably concluded that Mr Easton had been dishonest, and the dismissal was judged to be fair.
By contrast, in Bouabdillah v Commerzbank AG ET/2203106/12, an employment tribunal found that an employer had victimised an employee when they argued that she had been dishonest in her application form. She had marked ‘no’ in answer to a question about whether she was the subject of civil proceedings. This question was required to establish her fitness and propriety for professional practice for the purposes of regulatory compliance. However, at the time she gave this answer, she was involved in a discrimination claim against her previous employer, and this claim subsequently received media attention. On learning of this claim, her new employer dismissed her, stating a breakdown in trust because she had not disclosed the claim at any time, either on the application form or when discussing her reasons for leaving her last employer at interview. From the way that the employer responded, the tribunal decided that the real reason for the dismissal was that she had brought a discrimination claim against another employer, not because of a breakdown in trust. She had not misled her new employer and won her claim for victimisation.
Tips for application forms
To avoid disputes relating to application forms, we recommend the following:
specify at the outset of the recruitment process any checks that will be made;
include clear and comprehensive requests for information about employment history in the application form, such as dates and reasons for leaving;
include a declaration requiring candidates to confirm any information given is true and complete to the best of their knowledge, and to acknowledge the consequences if not; and
promptly verify information provided about a candidate’s employment history.
How we can help
We can help ensure the wording in your recruitment pack and job offers gives your business maximum protection and flexibility, and we can advise you on handling any concerns about the information provided by a candidate.
For further information, please contact the team at Synchrony Law.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.