ASK THE EXPERT

What could an employer do about someone who has omitted information from their CV. Is it time to own up?

Q I have worked for a trust since August 2002 and returned to work from maternity leave in June 2003. I have now found a job with another trust, but did not disclose on my CV that I worked for the first trust (I filled the gap by listing freelance work I do).Do I have to confess now? If I do not, could a legal case be made against me in future?

A The onus is on employers to ask for information they consider necessary.But providing an employer with false information is likely to be treated as a serious matter.Many employers would consider disciplinary action against a member of staff where they became aware this had occurred.How seriously an employer takes it will depend on all the circumstances, including the type of employment, the seriousness of any deception and whether it was deliberate, careless or an honest mistake.

Anyone who has been asked specifically about previous employment and has not answered accurately can expect this to be taken seriously.A potential new employer will not want to recruit staff under false pretences.

Employers will usually understand that sometimes previous employment has not worked out through no fault of the employee. In your case, you appear to have nothing to hide. I would recommend that you are honest and, if asked, do not mislead anyone about your previous employment.

Mark Morgan, solicitor, Morgan Cole AMy advice is to confess now, before you are found out. If it comes to light that your CV was misleading in that it implied or stated all recent employment was included, you could be dismissed.A contract of employment can be terminated on notice.A potential unfair dismissal claim requires a year's continuous service. In the first year of employment, your employer could simply give you contractual notice.After the first year, to carry out a fair dismissal, the employer should hold a disciplinary hearing and consider factors such as the nature of the dishonesty, relevance to the post held, mitigation put forward and whether you have a disciplinary record.

The more senior the post, or in a post where honesty is crucial, dismissal may be fair.The test is not that every employer would dismiss but whether the employer has acted in a manner in which a reasonable employer might act.The longer you have been in post with a good record, the harder it will be to fairly dismiss.The employer cannot use it as an excuse to dismiss for some alternative reason - for example, being unhappy with some aspect of your work.However, even if you are not dismissed, your employer has knowledge that you have not been wholly truthful in the past.Rightly or wrongly, this may damage your future prospects.

Kate Levy, partner, Mills and Reeve l Do you have a question to put to one of our experts, on all aspects of human resources employment and careers, from recruitment to employment law, careers development to mentoring? If so, e-mail in confidence to nick. edwards@emap. com.We will source one or more experts to answer your question in public (please say if you want your identity kept confidential) as well as sending you a full answer direct.