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  • Discover the Real Truth Behind Job Applications: No Spin, Only Facts

    Discover the Real Truth Behind Job Applications: No Spin, Only Facts

    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.

    Employment Tribunal

    The ET held that Mr Easton had not been unfairly dismissed. The dismissal was fair for the potentially fair reason of misconduct, as he failed to disclose relevant and material information on his application form. The employer had behaved within the band of reasonable responses that a reasonable employer in those circumstances would have reached, especially given the nature of the organisation, Mr Easton’s role and the misconduct. The ET also held that the procedure followed was “thorough” and “more than reasonable”.

    Employment Appeal Tribunal

    The EAT dismissed Mr Easton’s appeal. Using years only for his employment history obscured his previous dismissal and subsequent employment gap. The ET was entitled to find that his employer had reasonable grounds to believe that the decision to present information in such a way had been dishonest.
    A reasonable job applicant faced with a blank box headed “Employment History” would have understood that the information had to be presented in a way that would reveal any employment gaps. The ET found that Mr Easton understood that dismissals and unemployment in the previous three years would be relevant and material information for a job application. Significantly, Mr Easton confirmed his understanding of its relevance during cross-examination.
    The EAT held that the ET took the correct approach of reviewing the employer’s process and concluding that it was open to the employer to find that Mr Easton’s decision to withhold that information was deliberate and dishonest.

    Lessons for employers

    Ensure you conduct thorough pre-employment checks. Job application forms should explicitly request an applicant’s full employment history, including exact dates of roles, and request any employment gaps and reasons for leaving previous roles.

    Ensure you review and verify employment history. An application form should not be seen as a tick-box exercise. Employers should verify employment history and investigate any concerns before making recruitment decisions.

    Correct procedure is key. A fair and thorough investigation, disciplinary and appeal process, is essential. Employers should bear this in mind before deciding to dismiss, given that the investigation will be relevant when determining whether such a decision falls within the band of reasonable responses. Employers should also ensure their procedures and decisions are consistent.

  • AI scams can now impersonate your voice. Here’s how to avoid them

    The voice of a senior member of US President Trump’s administration was impersonated by an artificial intelligence scam. Here’s how you can avoid the same happening to you.

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    When a group of high-level politicians picked up the phone, they thought they were talking to US Secretary of State Marco Rubio. Only they weren’t – they were speaking with a scammer who used artificial intelligence (AI) to impersonate one of the most senior officials in US President Donald Trump’s administration. 
    The imposter contacted three foreign ministers, a US governor, and a member of US Congress, sending them voice and text messages impersonating Rubio over the encrypted app Signal, according to the story first reported by the Washington Post. 

    The report said that US authorities do not know who is behind the impersonation, but they believe the scammer was trying to manipulate powerful government officials to get access to information or accounts.
    Scams involving AI are becoming more common as the technology becomes more sophisticated, with 28 per cent of adults from the United Kingdom saying they believe they have been targeted, according to a poll from Starling Bank.
    But how exactly do fraudsters use AI – and how can these scams be avoided?

    How are scammers using AI?

    A new technique for scammers that has emerged with AI is called voice cloning fraud, where scammers can clone a voice with a three-second piece of audio and trick friends or family into thinking that a loved one urgently needs money, according to experts from Australia’s Charles Sturt University.
    The voice samples can come from short videos that have been posted to social media platforms such as TikTok, the experts continued.

    Related

    Scammers stole €55.8 million from UK tax office in phishing attack

    The AI works to create a realistic replica by capturing a person’s speech patterns, accent, and breathing, and can be used to read text with accuracy. 
    An alert from the US Federal Bureau of Investigation (FBI) also described these messages as “smishing and vishing” because they often contain links that are sent under the guise of moving the conversation to another platform, similar to email phishing. 

    What to do to avoid fraud

    Cybersecurity experts Matthew Wright and Christopher Schwartz from the US-based University of Rochester recommend that people be “mindful” of unexpected calls – even from people you know well. Texting or emailing someone ahead of a planned call can help you validate the other person’s identity.

    Counting on caller ID is not enough, Wright and Schwartz wrote for the Conversation, because voice cloners are able to fake that as well.
    Calls from unknown numbers could also be a risk, according to a fact sheet on caller ID spoofing from the US Federal Communications Commission.

    Related

    Misuse of funds to VAT fraud: The state of combatting fraud across the EU

    It is important to verify the person who is calling or sending a voice message to you, so before responding, research the number and if it’s someone you know, call them back at the phone number you have to verify their authenticity, according to advice from the FBI.
    The FBI suggests checking contact information, email address, or URLs to spot “slight differences” that scammers could be using to gain your trust. 
    For example, the agency says bad actors can use publicly available photographs in messages, or use “minor alterations in names” or information to deceive victims.
    Another tell in a voice message could be that the tone and word choice being used could be different from what you’re used to from a known contact, the FBI said. If there is doubt, you could set a secret word or phrase between family members to verify their identities. 
    To prevent being the target of a scam, be mindful of disclosing personal information online, like your birth date, phone number, middle name, or pet names. These facts can be used along with voice cloning to impersonate you with banks or others, Wright and Schwartz said.
    If you do hear from one of these scammers either by text or phone and engage with them, Wright and Schwartz recommend being aware both of what your intellectual and emotional biases are, because they will likely be exploited by the scammers. 
    If the scammer is impersonating someone you know, think twice about what is being said, they continue. If it is uncharacteristic or confirms your worst fears about someone, proceed with caution.