Incorrect details on CV justify summary dismissal

Yes, lying on a CV can be a valid reason for summary dismissal, but not automatically. An employer may rely on the CV in good faith: it serves as a key document during the hiring process. However, an inaccuracy in itself is not sufficient. The lie must concern facts that are sufficiently important for the position, and the other circumstances must justify immediate termination. The Arnhem-Leeuwarden Court of Appeal confirmed this on March 20, 2019 (ECLI:NL:GHARL:2019:3196), in a case where an employee had lied about completing a higher professional education.

What is summary dismissal?

Summary dismissal is the most drastic form of dismissal: the employment contract ends immediately, without a notice period and without prior permission from the UWV or the subdistrict court. Because the consequences for the employee are so severe, the law imposes strict requirements. There must be an urgent reason , and that reason must be communicated to the employee without delay (immediately)

Urgent cause is conduct that makes it unreasonable to expect the employer to continue the employment contract. This concept is regulated in Article 7:678 of the Dutch Civil Code. Lying on a CV may fall under this, but whether this is the case in a specific instance depends on the facts. In case of doubt, specialized employment lawadvice is not an unnecessary luxury.

Concealing versus lying

Not every embellishment in a job application is a problem. It is understandable that applicants present their achievements as favorably as possible; selling oneself is allowed. The line is drawn at factual inaccuracies. Writing that you have completed a degree when that is not the case is not euphemism, but a lie regarding a verifiable fact. It is precisely those verifiable facts relevant to the position that carry the most weight.

The verdict: lying about a higher professional education diploma

In the case before the Arnhem-Leeuwarden Court of Appeal, an employer had set clear requirements in the vacancy: a relevant completed higher professional education (HBO) or university education (WO) and at least four years of relevant work experience. A candidate stated in his CV that he had completed a higher professional education (HBO) and was awarded a fixed-term employment contract on that basis.

When the employer later requested diplomas and proof of experience, the employee refused to produce them. From this refusal, the employer concluded that the employee had lied, and summary dismissal followed.

The subdistrict court initially overturned that dismissal, stating there was no urgent cause. On appeal, the Court of Appeal ruled otherwise.

The CV as a core document

The Court of Appeal emphasized that the CV is a core document on which an employer may rely in good faith. Because the vacancy required a completed higher professional or university education and the employee lied about this, the court ruled there was a valid legal ground for summary dismissal. Based on the statements, it was established that the educational requirement had been discussed during a job interview and that the applicant confirmed meeting it, whereas this was not the case.

Two scenarios that the court distinguished

The court made an important distinction:

• No urgent cause: if the employee had honestly admitted during the conversation that he had not completed the higher professional education program, or if the employer had dropped the requirement, summary dismissal would not have been possible.
• However, there was an urgent reason: if the employee persisted in the lie while the training requirement remained in effect, the employer was entitled to proceed with summary dismissal.

When does an incorrect CV justify summary dismissal?

Two lessons emerge from the ruling. The CV is a core document, so lying in it *can* lead to summary dismissal. At the same time, this is not an automatic rule. For a valid summary dismissal, these conditions must generally be met:

1. The inaccuracy concerns a fact relevant to the position (such as a required diploma or required experience), not an unimportant detail.
2. This concerns a genuine inaccuracy, not a permissible embellishment or a difference in interpretation.
3. The employer was not aware of it earlier and could not reasonably have been. Anyone who abandons the requirement or turns a blind eye to the lie will find it difficult to rely on it later.
4. The dismissal is without delay after the employer becomes aware of the inaccuracy.
5. The urgent reason is communicated to the employee immediately and clearly in writing .

The weighty nature therefore remains necessary. In the absence of an urgent reason, the employer risks the court annulling the dismissal or awarding compensation.

Risks for the employer in the event of wrongful dismissal

A summary dismissal that fails to withstand scrutiny by the court can prove costly. The employee can appeal to the subdistrict court within the statutory time limit to have the dismissal annulled. If successful, the employment relationship continues and retroactive wages may be due. If annulment is unsuccessful, the employee may still be entitled to compensation. Careful preparation is therefore not an unnecessary luxury.

Practical next steps for employers

• Gather evidence of the inaccuracy and its relevance to the position (job description, emails, meeting minutes).
• Act quickly: notify the employee immediately as soon as you discover the lie, possibly after a brief investigation.
• Document the urgent reason in writing and concretely in the dismissal confirmation. This is a crucial document.
• Have the confirmation legally reviewed before you send it; an error in the justification can undermine the entire dismissal.

Preventing lying on a CV: hiring carefully

The best protection starts at the hiring stage. For essential requirements for the position, request proof before employment begins: diplomas, a diploma certificate, or a reference check. Also, clearly include the stated requirements in the employment contractso that it is clear later on what the employment is based. This prevents surprises and puts you in a stronger position if it turns out that a candidate has provided incorrect information.

Frequently Asked Questions

Am I allowed to dismiss an employee summarily if he lied on his CV?

That is possible, but not without further ado. The lie must concern a fact that is important for the position, it must involve a genuine inaccuracy, and the dismissal must be given without delay and with a clear written justification. Whether all these conditions are met depends on the specific circumstances.

Does every falsehood on a CV count as grounds for urgent cause?

No. A permissible embellishment or an insignificant detail does not constitute grounds for immediate dismissal. It must concern an inaccuracy of sufficient weight for the performance of the position, such as a required diploma or required work experience.

What if, as an employer, I had known the lie for a long time?

Anyone who knew (or could reasonably have known) that the data were incorrect and subsequently dropped the claim or let the matter rest can hardly invoke this later as a compelling reason. The weighty, immediate character is then lacking.

How soon should I act after discovery?

Summary dismissal must be given without delay. You may conduct a brief investigation to establish the facts, but prolonged inaction undermines the urgent nature and, consequently, the legal validity of the dismissal.

Is an incorrect CV also grounds for annulling the employment contract due to error?

Sometimes. In addition to summary dismissal, an employer may, under certain circumstances, invoke error or fraud when entering into the agreement if they were misled by incorrect information. This is a separate legal route with its own conditions; have each situation assessed to determine which approach is most likely to succeed.

Do I have to hear the employee first before dismissing them summarily?

It is advisable to confront the employee with the alleged lie and hear his side of the story, especially if the facts have not yet been established. This is part of a thorough (brief) investigation and strengthens your position, provided it does not jeopardize the immediate nature of the dismissal.

What risks do I run if the summary dismissal turns out to be unjustified?

The employee can have the dismissal annulled, in which case the employment continues and wages may be due, or claim compensation. Therefore, a careful and well-substantiated approach is essential.

Are you unsure about summary dismissal?

A summary dismissal due to incorrect CV information stands or falls on the details and the justification. Our employment assess whether a summary dismissal has a chance of success in your situation, review the written dismissal confirmation , and draft the appropriate documents for you.

Do you want clarity quickly? Schedule a no-obligation intake and discuss your situation with a specialized lawyer.