Is it illegal in th UK to give a friend a false employment reference?

Answer 1

It is an example of uttering a forged instrument, in other words, forgery. A person commits forgery if he or she makes a false writing or materially alters a genuine writing that either has legal significance or is commonly relied upon in business transactions. To be guilty of forgery, the person must intend to defraud someone by his or her action. There is no requirement that any victim lose property or money. It is enough that the forger makes the false writing with the fraudulent intent. An examples of a document used in business is a letter of recommendation. The forger's act often consists of signing the name of a real or fictitious person (not the forger's own name), filling in a blank, or materially altering what is already written.

The crime of uttering a forged instrument consists of offering a forged document as true and genuine, knowing it to be a forgery, with an intent to defraud. Thus, a person who did not actually commit the forgery may be guilty of uttering. You and your friend together could even be charged with a conspiracy to defraud if things went far enough.

Answer 2

I don't know whether you will be legally liable if it comes to light, but I seem to remember a similar case in which somebody was convicted of 'obtaining pecuniary advantage by deception' for obtaining a false reference. If you're a genuine friend, you should advise your friend not to do this. Give a personal reference, not a wor one. Why is she unable to get a reference from her former employers?

Answer 3

I wouldn't say it is illegal, I'd just say that if your friend's employer found out the friend would probably get sacked, which means not a very good reference. But I would say it depends on the job.

Answer 4

Depends on your intention. No one has to give anyone a reference, so it follows that if you give a false one it is up to the potential employer to check its validity. There does not have to be a pecuniary gain, money, for fraud to be committed. The three elements of fraud are fraud - a trick, falsehood - a lie, and wilful imposition - taking advantage. In Scots law there does not have to be a pecuniary gain for the crime to be complete.

Answer 5

It depends on whether you are making false claims for the organisation you claim to represent and whether you are doing the ame for your friend. The more important thing is that if your friend is offered a job and is subsequently 'found out' the company or organisation has grounds for 'breach of contract' and can dismiss immediately

Answer 6

Strictly, yes. It is fraud.
In almost all cases it would simply be grounds for dismissal if you got found out.
I can imagine that it could be a problem if the reference led to someone causing serious loss/ damage or loss of life... only *then* is anyone likely to pursue it as fraud

Answer 7

probably but who's gonna know, lots of people make up their GCSE results on their applications and most of the time they get away with it.
whos gonna check??
Unless your working for a council or the police etc

Answer 8

yes,but only if they get the job, they will be commiting an offence of deception, in fact its called precuniary advantage, obtaining a job by deception.

Answer 9

probable depands on what the reference is used for

Answer 10

I dont think its illegal, immoral defiantely