What Does Falsifying Documents Mean?

Falsifying documents usually occurs when information in a document is altered, fabricated, or misrepresented with the intention to deceive or mislead. When it comes to Right to Work checks, employers should ensure documents provided by an individual are genuine and belong to the person presenting them.

Where an employer knowingly accepts false documents, they could face prosecution. Even if an employer isn’t trained in identifying false documents, they’ll be liable if it’s reasonably apparent that the document isn’t genuine. To avoid these scenarios, employers should carefully scrutinise documents to establish their validity and whether they’re consistent with the individual presenting them.

Employers’ responsibilities include assessing the authenticity of documents whilst the individual is with them, ensure the photograph and biographic details match with the individual, and keep secure copies of the documents with dates when checks were conducted.

Falsifying documents occurs when information contained in official or work-related records are altered, fabricated, or knowingly misrepresented. This could take form in an individual forging signatures or doctoring entire documents.

Typically, within a work environment, falsified documentation could include tampered timesheets, altered expense claims, fraudulent certifications, and much more.

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Our guide answers what defines falsifying documents, as well as looking at the legal implications.

What’s the definition of falsifying documents?

In a legal context, falsified documentation is often categorised as forgery, which means making a false instrument with the intent that the recipient accepts it as genuine and acts upon it to their own prejudice.

Is falsifying documents a crime?

For falsification to be deemed a crime, three elements usually need to be satisfied:

The act: Deliberately changing a legitimate document or fabricating one in its entirety.
Knowledge: The individual behind the act knows the document is false or misleading.
Intent: There must be a clear goal to deceive someone that the document is real—usually for financial or personal gain.

What is the penalty for falsifying documents at work?

Depending on the workplace and their respective policies, there are different consequences with a range of severities.

Many employers consider the act of falsifying documents as gross misconduct. If this is outlined in an employment contract, and a fair and lawful process is followed, an employee may be dismissed without notice or pay in lieu of notice.

In certain job roles, for example one relating to finance, falsifying documents can result in heavier punishments. Should someone be criminally prosecuted, they may receive a custodial sentence or a fine.

Criminal penalties

If there’s evidence that the falsification involved fraud or forgery, then could there be grounds to prosecute the offender with a crime under the following Acts:

Forgery and Counterfeiting Act 1981: Up to 10 years for creating or using false instruments.
Fraud Act 2006: Serious fraud by false representations could mean 10 years imprisonment.

How can employers deal with falsified documents?

Should an employee be accused of falsifying documents at work, or proven to have done so, a working relationship may become untenable.

Despite this, every dismissal should be treated with fairness, ensuring correct procedures are followed.

Furthermore, employees must be made aware that they have an opportunity to challenge any allegations they’re faced with.

According to Acas Code of Practice on disciplinary and grievance procedures, employees cannot be immediately sacked; a full investigation must be conducted.

Where allegations lead to reputational risk or breach the Health & Safety of others, then the employee may need to be suspended pending an investigation.

Unless stated by the employment contract, any suspension should be on full pay. For further support with drafting detailed contracts, download our free employment contract template.

FAQs: What does falsifying documents mean?

What is document falsification?

Document falsification is altering, fabricating, or misrepresenting information in a document to deceive or mislead.

What are the consequences of falsifying documents?

Those who falsify documents could face legal penalties, such as fines and imprisonment. Employers could receive civil or criminal penalties.

What should employers do to prevent accepting falsified documents?

They should carefully study the documents in the presence of the individual presenting them, ensuring the photograph and biographic details match up. Finally, they should retain secure copies of documents for the duration of employment and for two years after employment ends.

How can employers establish a statutory excuse against liability?

Whether manually or digitally, employers should carry out right to work checks before employment begins. They should follow best practices, such as checking the validity of documents and retaining copies along with a record of check dates.

What happens if an employer suspects falsified documents?

Employers should carry out an investigation and not employ any individuals they suspect of presenting falsified documentation—they should wait until they’re satisfied with the documents validity.