The claimant applied for a pilot position with the respondent airline operator and was successful. He was trained and then commenced work as a Captain. It was undisputed that he had lied on his application form about his previous work experience, but he had also provided a false reference. The referee purported to be ‘Desilijic Tiure’ which is actually the alternative name of Jabba the Hut, a character from Star Wars.

The claimant sought three months’ notice pay and the respondent counterclaimed for recovery of his training costs which totalled £4725. The claimant had signed an agreement stating that these costs would be repayable if a pilot leaves within the first six months of his employment. The tribunal held that the respondent was well within their rights to treat the claimant’s actions as gross misconduct and to summarily dismiss him. The claim was dismissed.

Practical Lessons

The lesson here relates to references- employers should conduct thorough checks as part of their recruitment process. In this case the adverse consequences could have been catastrophic considering the nature of the job and its responsibilities. More generally, employers can of course make an offer of employment conditional on successful references. If an offer is explicitly made conditional on this basis, it may be legally withdrawn. If a referee fails or refuses to cooperate, there is technically nothing the employer can legally do to force them. In such circumstances it is advisable to discuss any concerns with the applicant first. Employers may also consider offering the job to the applicant for a probationary period.
https://assets.publishing.service.gov.uk/media/5b7d4a63e5274a44d11cd179/1303361-17_Francis_McGann_reasons.pdf