Mr P Easton v Secretary of State for the Home Department (Border Force) – Do employees have to disclose if they were dismissed for gross misconduct?

 

Do employees have to disclose if they were dismissed for gross misconduct?

In Mr P Easton v Secretary of State for the Home Department (Border Force) [2025], the tribunal held that employees do.

What happened?

• Border Force issued prospective applicants with an application form which requested them to disclose their employment history.

• When applying for a role with Border Force, Mr Easton listed his employment as as working for the Home Office from ‘2002-2016’ and the DWP from ‘2016 to current’.

• He did not disclose a three month employment gap or a previous dismissal for gross misconduct.

• The application form stated that providing false information or withholding relevant details could lead to disciplinary action.

• After discovering his previous dismissal, Border Force carried out a thorough investigation and dismissed the Claimant for gross misconduct.

• Mr Easton brought a claim for unfair dismissal.

• Both the Employment Tribunal and EAT found the dismissal to be fair.

• The EAT agreed that the employer had reasonable grounds to conclude that Mr Easton had deliberately concealed relevant information.

• It also confirmed that a reasonable applicant would understand that an application form requesting employment history should disclose gaps in employment.

Why is this important for employers?

Application forms should request full employment dates and specifically ask applicants to explain any gaps.

Employers should check employment history and investigate discrepancies rather than treating applications as a tick-box exercise.

Where dishonesty is suspected, employers should conduct a thorough investigation, give the employee an opportunity to respond, and follow a fair disciplinary and appeal process.

Not every mistake or omission will amount to dishonesty or gross misconduct. Employers should consider whether the information was deliberately withheld and ensure any decision to dismiss falls within the range of reasonable responses.

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