A new ruling by the UK Supreme Court highlights the importance of conducting thorough due diligence in the recruitment process, an employment law expert has said.
Sue Gilchrist of Pinsent Masons was commenting after the court ordered (22-page / 344KB PDF) the confiscation of nearly 100,000 from a man who was imprisoned for ‘CV fraud’.
Jon Andrewes was prosecuted on charges of fraud and deception in 2017 and sentenced to serve two years in prison after claims he had made about his qualifications and experience in applying for a job and two other paid roles were exposed as untrue.
Andrewes was appointed chief executive at a hospice in Somerset, England, in 2004 after making false or dishonestly inflated and misleading statements about his educational qualifications and experience in his job application. During his period of employment with the hospice he successfully applied to other paid roles at two NHS trusts on the basis of the same falsehoods and also lied about having obtained a doctorate from Plymouth University. His employment and appointments ended in 2015 when the truth about his qualifications started to emerge.
Following sentencing, prosecutors applied for a confiscation order under Section 6(5) of the Proceeds of Crime Act (POCA) 2002. This provides that if the court has decided that the defendant benefited from the relevant wrongdoing or conduct, then it must make a confiscation order requiring the defendant to pay the recoverable amount of that benefit. The...
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