CV verification: checking employment history and handling discrepancies
CV verification means checking what a candidate has told you about their work and education history. The ICO's draft guidance treats this as verification, which is less intrusive than vetting, but data protection law still applies: explain early what you will check, collect the minimum you need and, where possible, verify only the successful candidate. Check the claims your hiring decision relies on, not every line.
A full employment history is expected in CQC-registered health and social care and in schools and colleges in England. Government roles under the Baseline Personnel Security Standard need at least three years of history verified. Elsewhere it is your choice and should follow the role.
When the CV and the evidence do not match, the ICO says you should give the candidate a chance to explain, consider what they say and record your decision. You cannot assume they are being untruthful. Gaps can have lawful reasons such as caring, illness or maternity, and before an offer the Equality Act restricts questions about health in Great Britain.
What CV verification covers
The ICO's guidance on verification is draft and under review following the Data (Use and Access) Act. It says you must explain your process as early as possible, including the methods, the information you will verify, how long you will keep it and any external sources.
Acas says you should use the information you told applicants you would use to make decisions, such as application forms and CVs. So test the claims that mattered: employers, job titles and dates for recent roles, qualifications the job needs and any registration it requires. References are one source of evidence; our employment references page covers them.
Where employment history checks are expected
Outside these rules no general law requires a full, verified employment history. Each rule applies only where stated.
| Sector and nation | What is expected | Source |
|---|---|---|
| CQC-regulated health and social care (England) | A full employment history, with a satisfactory written explanation of any gaps | Regulated Activities Regulations 2014, Schedule 3 |
| Schools and colleges (England) | Full employment history since leaving school, including education, employment and voluntary work, with reasons for gaps; consider inconsistencies and gaps at shortlisting and probe gaps at interview | Keeping children safe in education 2026 |
| Government roles (UK) | Verify disclosed employment, academic history or qualifications for at least three years; obtain references or evidence for gaps of six months or more, continuous or cumulative, within the previous three years | Baseline Personnel Security Standard |
Evidence of dates and employers
HMRC can provide an individual with a record of their employment history. GOV.UK says a person can get a record of the current and past 5 years' employment through their personal tax account or the HMRC app, and can apply on paper for a record from any year. The service is described for the individual, or a legal adviser or tax agent acting with their written consent, so ask the candidate rather than HMRC.
The Baseline Personnel Security Standard says organisations can accept an HMRC PAYE records PDF from an individual as proof of employment, and lists other evidence for self-employment. Our view: offer the HMRC record as one option among several, because a candidate with mostly self-employed or overseas work will have little PAYE history.
Gaps in employment
In Great Britain, the Equality Act 2010 says an employer must not discriminate in the arrangements it makes for deciding who to offer employment. The protected characteristics include age, disability, pregnancy and maternity and sex. Indirect discrimination happens when a rule you apply to everyone puts people who share certain characteristics, such as age, disability or sex, at a particular disadvantage, puts the candidate at that disadvantage, and you cannot show it is a proportionate means of achieving a legitimate aim. Our view: a blanket rule against gaps risks falling more heavily on people who took time out for childcare, caring or illness.
Section 60 of the Act says you must not ask about an applicant's health before offering work, or before including them in a pool of applicants to choose from, unless an exception applies, such as finding out whether reasonable adjustments are needed for the assessment. Acas lists the main exceptions.
So ask neutrally what the candidate was doing, accept a short answer such as caring or health reasons, and judge the gap against the job. Where CQC or KCSIE rules require an explanation, record the explanation, not the private detail behind it.
When the CV and the evidence do not match
The ICO says you should have a policy setting out a transparent process, give the candidate an opportunity to explain, consider their explanation, train the staff who carry out checks and keep records of your decisions. You cannot assume the candidate is being untruthful. Where the facts are unclear, make a reasonable decision on the factual evidence and the risks.
Many mismatches are innocent: approximate dates, a company that changed its name, an agency placement shown under the client's name. The Baseline Personnel Security Standard lists false or unsubstantiated claims on a CV and unexplained gaps among factors that may raise concerns, a useful prompt for what to look at.
If you made a conditional offer, Acas says you can withdraw it if the applicant did not meet its conditions and should tell them why. Withdrawing an unconditional offer could be against the law.
Lying on a CV and the Fraud Act
In England, Wales and Northern Ireland, section 2 of the Fraud Act 2006 covers fraud by false representation. The Act does not extend to Scotland. A person commits it if they dishonestly make a false representation intending to make a gain for themselves or another, or to cause loss to another or expose another to a risk of loss. A representation is false if it is untrue or misleading and the person knows it is, or might be. It can be express or implied. Gain and loss extend only to money or other property, and gain includes getting what one does not have. Fraud can carry up to 10 years' imprisonment on conviction on indictment.
Whether a particular CV falls within the offence is for the police and the courts. Your recruitment decision turns on what the candidate claimed, what the evidence shows and whether the difference matters for this job.
What to record
Keep a note of which claims you checked, the evidence, any discrepancy, the candidate's explanation and your decision. The ICO says you must not keep information collected as a condition of appointment longer than necessary, although you can keep a record of the outcome and your decision. In England, CQC regulation 19 requires the Schedule 3 information, including employment history and gap explanations, to be available for each person employed.
HRjoy can help you decide how far back to check for each role and write a fair discrepancy policy. We do not run checks ourselves, but can introduce you to our screening partners.
What to tell the candidate
- Tell candidates at the start which parts of their CV you will verify, how, and how long you will keep the evidence.
- Verify the successful candidate only, unless a sector rule means you must check earlier.
- Give the candidate a chance to explain any discrepancy and take their explanation into account.
- In Great Britain, an employer must not ask about a candidate's health before an offer, including the health reasons for a gap, unless an Equality Act exception applies.
- A candidate can get their own HMRC record of the current and past 5 years' employment through their personal tax account or the HMRC app, and can apply on paper for a record from any year.
Sources
- Verifying candidates · ICO
- Pre-employment vetting of candidates · ICO
- Choosing who to interview · Acas
- Following discrimination law · Acas
- Offering someone a job · Acas
- Get proof of employment history · GOV.UK (HMRC)
- UK Government Baseline Personnel Security Standard, Version 7.0, June 2024 · GOV.UK (Cabinet Office)
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Schedule 3 · legislation.gov.uk
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, regulation 19 · legislation.gov.uk
- Keeping children safe in education 2026 · GOV.UK (Department for Education)
- Equality Act 2010, section 4 · legislation.gov.uk
- Equality Act 2010, section 19 · legislation.gov.uk
- Equality Act 2010, section 39 · legislation.gov.uk
- Equality Act 2010, section 60 · legislation.gov.uk
- Fraud Act 2006, section 1 · legislation.gov.uk
- Fraud Act 2006, section 2 · legislation.gov.uk
- Fraud Act 2006, section 5 · legislation.gov.uk
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
When it’s justified
Usually justified
- People employed for a CQC-regulated activity in England: a full employment history with a satisfactory written explanation of any gaps (Schedule 3, paragraph 7). This does not apply to most volunteers.
- Staff in schools and colleges in England: a full employment history since leaving school, with reasons for any gaps (KCSIE 2026)
- Government roles under the Baseline Personnel Security Standard: at least three years of employment verified, with references or evidence for gaps of six months or more, continuous or cumulative, within the previous three years
Only if the role justifies it
- Confirming employers, job titles and dates for the roles your hiring decision relied on, for the successful candidate
- Accepting the candidate's own HMRC record of PAYE employment as evidence of dates
- Asking about a gap where the role or a sector rule makes continuity relevant
Rarely or never justified
- Verifying every claim on every applicant's CV before shortlisting
- Rejecting candidates automatically because of a gap in their employment
- Asking why a gap happened in a way that seeks health information before an offer, outside the Equality Act exceptions
Questions
Something else? Ask us.
Can I ask a candidate about a gap in their CV?
Yes, if continuity matters for the role or a sector rule requires it, as in CQC-regulated care and schools in England. Ask neutrally and accept a brief answer. In Great Britain you must not ask about health before an offer unless an exception applies.
Can I get a candidate's employment history from HMRC?
GOV.UK describes HMRC's employment history record as something the individual gets through their personal tax account, the HMRC app or a paper form, or that a legal adviser or tax agent gets with their written consent. Ask the candidate whether they are willing to share it.
Is lying on a CV a criminal offence?
It can be. In England, Wales and Northern Ireland, dishonestly making a false representation intending to make a gain or cause a loss is fraud under section 2 of the Fraud Act 2006. Whether a particular case meets that test is for the police and courts; your decision is whether the candidate is right for the job.
How far back should I check employment history?
There is no general rule. CQC-regulated providers in England need a full employment history, KCSIE asks schools and colleges in England for history since leaving school, and the government's baseline standard verifies at least three years. For other roles, choose a period the job's risks justify and tell candidates in advance.
Related checks
- Employment references: what employers can ask and when When to ask for references, what to ask, the sector rules for care, schools, early years and FCA firms, and how to treat candidates fairly.
- Qualification checks: verifying degrees and professional qualifications How UK employers can verify degrees and professional qualifications fairly, which official routes exist, and when a qualification check is required.
- Professional registration checks: which registers to check and when Which professional registers UK employers should check for nurses, dentists, teachers, solicitors and FCA roles, what each shows and where it applies.
- Right to work checks: who to check and how from October 2026 Who needs a right to work check from 1 October 2026, including workers and sub-contractors, how each of the three methods works and follow-ups.
Sector guides
Also covered in our guides for Technology.
Related answers
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- When must employers make reasonable adjustments? Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period falls to 6 months from 1 January 2027.