What can dishonesty mean in the context of a job application, and how should employers deal with it?
The Employment Appeal Tribunal (EAT) recently upheld the decision of the Employment Tribunal (ET) in the case of Easton v Secretary of State for the Home Department (Border Force), finding that an employee was fairly dismissed when he failed to include relevant and material employment history details in his application form. This constituted gross misconduct, and his dismissal was found to be within the “band of reasonable responses”.
Case background
Mr Easton worked for the Home Office from 2002 until 2016. He was dismissed on 13 June 2016 for gross misconduct involving inappropriate behaviour towards females and temper issues. This resulted in a subsequent three-month employment gap. He then started working with the Department for Work and Pensions (DWP) on 4 September 2016.
Mr Easton later applied for a role in the Border Force (part of the Home Office). Under the “Employment History” section of the application form, he presented himself as working for the Home Office from “2002 – 2016” and the DWP from “2016 to current”. Mr Easton did not divulge his dismissal or the employment gap in the application form or at the interview stage. His employment gap and dismissal were concealed by misleadingly presenting his employment history. The application form contained a checkbox whereby Mr Easton confirmed that he understood that he may be subject to disciplinary action or rejected if he provided false information or withheld relevant details.
Mr Easton re-joined the Home Office as part of the Border Force. A disciplinary investigation commenced after Mr Easton’s dismissal came to light. Following the investigation, he was dismissed for gross misconduct due to his failure to disclose relevant and material information regarding his earlier dismissal and for concealing a period of unemployment. Mr Easton unsuccessfully appealed the decision and then brought an Employment Tribunal claim.
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