If so, 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.
‘Making sure a thorough and fair process is carried out will be crucial,’ says Jonathan Lewis, a Solicitor in the employment team with QualitySolicitors Parkinson Wright. ‘If a job candidate lies about necessary experience or qualifications, the employer may be able to withdraw the job offer. Good processes and the right wording in the offer can make this easier and reduce the risks of a breach of contract claim.’
If the applicant did not outright lie but missed out significant information or was otherwise economic with the truth, this dishonesty can 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.
Jonathan outlines the key considerations, depending on whether you discover dishonesty before or after the new recruit has started working for you.
Tips on 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 minimise risk:
- make offers conditional so that the offer can be withdrawn if satisfactory employment references, criminal record checks (where needed) or evidence of qualifications are not provided;
- 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 it ties in with the conditions set out in the relevant offer letter;
- be clear and upfront about the reason, to avoid concerns that discrimination is at play; and
- ensure consistency with any comparable situations to ensure that you can defend any allegations of discriminatory treatment.
Dishonesty discovered during employment
Omitting information in the application process can be dishonest and justify dismissing the employee after their employment has started. In Easton v Border Force [2025], the Employment Appeal Tribunal (EAT) decided that a civil servant had been fairly dismissed when he omitted from his job application that he had previously been dismissed for gross misconduct from another post in the civil service, a few years before.
The application form had asked for his employment history but did not specify what 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 missed out 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.
A month or two into his new job, his former line manager spotted him in his new role. After following a thorough disciplinary process, his employer dismissed him without notice. He 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 [2012], 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 in the application form about being the subject of civil proceedings. However, she was involved in a tribunal claim against a previous employer, which subsequently got media attention. Her new employer dismissed her, stating a breakdown in trust because she had not disclosed this claim at any time, including when discussing her reasons for leaving her last employer at her 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 she won her claim for victimisation for having brought a discrimination claim.
Tips for application forms
To avoid disputes, we suggest the following:
- be clear from the outset about the checks that will be made;
- include in the application form, clear and comprehensive requests for information about previous employment history, such as dates and reasons for leaving;
- include a declaration confirming the information is true and acknowledging the consequences if not; and
- promptly verify information provided about the 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 Jonathan Lewis or a member of the employment team on 01905 721600 or via email worcester@parkinsonwright.co.uk
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.