UK: Unfair Dismissal: Job Application Information

Authors: Frances Ross and Corinna Harris 

The EAT has ruled that an employee who failed to disclose a previous gross misconduct dismissal on his application form was fairly dismissed.

The Border Force job application form included a free-text box for “Employment History”. When Mr Easton applied for a job there, he listed only the years (not months) of his previous employment which did not reveal a three-month employment gap after he was dismissed for gross misconduct from another Home Office role. He also did not mention this at interview. This was however discovered after he started working there and a disciplinary investigation subsequently found he had been dishonest in his job application by omitting relevant information. He was dismissed for gross misconduct and brought an unfair dismissal claim.

The EAT concluded that the tribunal was entitled to find that the employer had reasonable grounds to believe that Mr Eaton’s decision to omit his previous dismissal for gross misconduct and three-month unemployment was dishonest. A reasonable applicant would understand that an “Employment History” section required a full and transparent account, including providing information about any employment gaps – and Mr Eaton’s decision not to provide this information was dishonest.

Key Action Points for Human Resources and In-house Counsel

While a deliberate failure to include relevant information in an application form may be grounds for dismissal, employers should ensure that their application forms:

• State clearly the information that is required
• Include a declaration for the job applicant to sign, confirming that they understand that if they withhold relevant information or provide false information, they may be subject to disciplinary action