For many employers, CV fraud was once viewed as a recruitment issue best handled internally through dismissal or withdrawal of a job offer. That position is now rapidly changing with a greater number of individuals committing first party fraud. In fact, according to new research published by Cifas, one in two Adults in the UK now believe it is “reasonable” to commit first-party fraud.
Across the UK, prosecutors, regulators, and employers are taking a far tougher stance against individuals who falsify qualifications, fabricate employment histories, or use forged documentation to obtain work. Recent criminal convictions demonstrate that CV fraud is no longer merely a disciplinary matter. In serious cases, it is being treated as fraud by false representation under the Fraud Act 2006, carrying the risk of imprisonment, confiscation orders, professional bans, and reputational ruin.
As enforcement activity increases individuals should be aware that dishonesty in job applications can carry severe legal and financial consequences.
What constitutes CV Fraud?
Whilst there is no specific law against lying on your CV, if an individual has knowingly provided false information to make a gain for themselves, this can be considered fraud (Fraud Act 2006).
Common examples include:
- Fabricating academic or other qualifications
- Altering grades or degree classifications
- Inventing previous employment
- Falsifying references
- Misrepresenting professional licences
- Concealing criminal convictions where disclosure is required
Whilst a lot of UK applicants might consider exaggeration harmless, the law allows for possible convictions of those who have gained employment under false terms. This is especially relevant for positions of trust such as those in healthcare, education, law and financial services.
To secure a conviction, prosecutors must establish that:
- A representation was made;
- The representation was false;
- The defendant knew the representation was or might be false; and
- The representation was made dishonestly with intent to make a gain or cause loss.
The FCA’s stance on CV Fraud:
The Financial Conduct Authority (FCA) views CV fraud as a fundamental breach of trust, honesty, and integrity. For authorised individuals in the UK financial sector, making misrepresentations can result in immediate dismissal, severe criminal penalties, and permanent debarment from working in regulated financial services.
The FCA operates on the principle that every authorised individual must be “fit and proper” to perform their role. Should an individual be relying on false qualifications in a regulated role, this could render them incapable of carrying out the role to the standards the FCA require.
The FCA takes a strict approach to regulation, with firms being legally required to report any breaches or conduct issues. Failing to disclose this information could result in serious regulatory action against not only the fraudulent employee, but the firm itself. Fraudulent activity reflects poorly on the FCA, and so often harsher punishments are sought, not only as a deterrent, but to ensure a trusted reputation upholds.
As such, if an authorised individual has committed CV fraud at any point in their career, they may face both professional and legal consequences and can be permanently banned from working in the regulated financial sector.
Implications of CV Fraud:
UK courts have recently demonstrated a willingness to impose substantial custodial sentences in serious CV fraud cases. Fraud by False Representation under the Fraud Act 2006 carries a maximum custodial sentence of up to 10 years in prison and so a conviction under this offence can carry a hefty prison sentence.
One of the most famous examples remains the prosecution of Zholia Alemi, a NHS doctor who faked her degree and continued to practice for more than 20 years after obtaining the job. After being convicted by a jury in 2023, Zholia Alimi received a 7-year prison sentence and was ordered to pay back £406,624 in compensation to the NHS.
Over the past year, UK unemployment has risen, and with this, so has the rise of CV Fraud. We have consequently seen harsher punishments and some high-profile cases moving through the Courts, including former police chief constable, Nick Adderley who has been recently charged with fraud and misconduct in public office after allegedly lying about his military career. These charges followed an independent investigation and demonstrate that authorities are viewing employment fraud as a serious economic crime rather than a simple workplace misconduct.
Application to Confiscation Proceedings:
An important legal development in this area is the growing use of confiscation proceedings under the Proceeds of Crime Act 2002.
Courts may order convicted individuals to repay earnings obtained through fraudulent employment. In some cases, this can amount to hundreds of thousands of pounds.
The principle is straightforward: where employment was secured dishonestly, prosecutors may argue that the salary earned constitutes criminal benefit. This raises significant issues for those facing confiscation proceedings whose entire salary over several years may perhaps be under scrutiny.
The question raised in these circumstances, is what part of the salary makes up the benefit. Is this the entire salary earnt from the date the fraud was committed? Has the employer earnt any legitimate income from competency? Did anyone else benefit from the course of conduct? Does the benefit go as far as salary, or could this extend to bonuses or pensions?
These issues were addressed in the landmark case of R v Andrewes [2022] UKSC 24. Mr Andrewes had fraudulently obtained the role of CEO at St Margaret’s Hospice, but during his time in the position, had received noticeable praise for his contributions. He had later been appointed to much higher roles where the fraud was discovered. Mr Andrewes plead guilty in 2017 and following his conviction, received a confiscation order against him to the sum of £643,602.91, being the full net earnings during the relevant period.
The Order was appealed, and the Court of Appeal found that no Confiscation Order should be made given that in these circumstances, it would be disproportionate. The Crown subsequently appealed to the Supreme Court who found that an Order was appropriate, if the difference between the higher and lower earnings could be calculated. In practice, this means that it would be proportionate to confiscate the difference between the higher earnings made from the cv fraud, and the lower earnings that the individual would have made should they have not committed the fraud.
However, this does not present as an absolute solution in instances where there is no comparable role should the fraud not have been committed. It is therefore important when approaching these matters to offer a practical and reasonable alternative approach to calculating the benefit figure. It is probable, as per the case of R v Andrewes that the Court will determine that the individual has benefited, but the matter in dispute remains to what extent, and how this can be accurately demonstrated.
Conclusions:
CV fraud in the UK is becoming an increasingly significant issue with Prosecuting authorities demonstrating greater willingness to pursue criminal convictions and confiscation proceedings.
It is important now to be extra mindful when using tools to prepare applications and ensuring that all the information submitted is thoroughly checked to ensure no information has been fabricated.
How can Lewis Nedas help you?
Our solicitors provide strategic defence for individuals facing allegations of CV fraud, false representations, and related financial crime investigations. If you are facing an allegation of this kind, or an order under POCA, please contact our offices.
Contact Lewis Nedas Law today via our enquiry form or by telephone on 020 7387 2032.