Employee Fired for Hiding Previous Gross Misconduct Dismissal

In the case of Easton v Secretary of State for the Home Department (Border Force), the Employment Appeal Tribunal (EAT) upheld the fair dismissal of an employee who failed to disclose a previous gross misconduct dismissal when applying for a new role.

Case Background 

Mr. Easton applied for a job with the Home Office. On his application form, he listed his employment history in a free-text box, but only included years of employment—omitting a three-month gap following his dismissal for gross misconduct from a previous Home Office position. He also did not mention the dismissal during his interview.

After he was hired, the employer discovered the omission. Upon investigation, they determined that he had deliberately concealed his past dismissal and subsequently terminated his employment for gross misconduct.

The Tribunal’s Decision 

Mr. Easton claimed unfair dismissal, arguing that he was being penalised for not disclosing information that had not been explicitly requested. However, the Employment Tribunal found that the employer had acted reasonably in concluding that he had intentionally withheld key information.

The Appeal and EAT Ruling

Mr. Easton appealed, asserting that the Tribunal had not given enough weight to the fact that the application form did not specifically require details about employment gaps. The EAT, however, dismissed the appeal, agreeing that a reasonable applicant would understand that an ‘Employment History’ section required a full and transparent account.

Key Takeaways for Employers 

• Employers can reasonably expect transparency – Even if an application form does not explicitly ask for dismissal history, a failure to disclose relevant employment gaps can be seen as misleading.
• Tribunals will support fair dismissal in such cases – If an employer reasonably believes that an omission was deliberate and misleading, dismissal for gross misconduct is likely to be upheld.

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