2014

According to figures released by Higher Education Degree Datacheck, 31% of graduates knew someone who had lied about their qualifications on their CV and 37% considered it common practice. Employers who fail to have adequate safeguards in place risk exposing their business to dishonest and under-qualified staff. However, there are some simple, low cost and effective ways of minimising this risk such as: making it clear in the offer letter that the offer is conditional on verification of their qualifications and that it may be withdrawn if any misrepresentation comes to light, and carrying out ongoing checks on existing employees.

In the case of R (on the application of T) v Secretary of State for the Home Department, the Supreme Court had to decide whether the UK's criminal records system breached the right to privacy contained in the European Convention on Human Rights (Article 8). The Court of Appeal decided that disclosing all their convictions and cautions without considering their relevance in an employment contest was disproportionate and breached Article 8. The Supreme Court upheld the Court of Appeals decision, finding that the existing criminal records scheme provided no means of filtering information so only those convictions|cautions relevant to a particular job application were disclosed.

The case of Camurat v Thurrock Borough Council considered whether not sticking to a reference agreed as part of a settlement agreement could amount to a breach of contract or a breach of the employer's duty of care to the employee to exercise reasonable care and skill in providing a reference. This case will assist those employers who have a duty to provide certain information to the police and other safeguarding bodies. They will know they are able to comply with their statutory safeguarding duties without fear of breaching their duty to the employee.