• Leah Norman

Misleading and Deceptive Conduct in Recruitment

It's quite common during the recruitment process, employers want to present their best side to prospective employees in order to entice top talent to join them.

What's often not considered is that employers can potentially expose themselves to risk for representations made or made on their behalf that are misleading and deceptive and later relied upon by prospective employees in the recruitment process.

Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) is illegal for a business to engage in conduct that is misleading or deceptive, or is likely to mislead or deceive. This extends to misleading and deceptive conduct in recruitment.

In relation to employment that is to be offered, a business must not engage in conduct that is liable to mislead persons seeking the employment as to:

  • The availability of the employment;

  • The nature of the employment;

  • Terms or conditions of the employment; or

  • Any other matter relating to the employment.

Examples of conduct which may be considered misleading include:

  • Representations about the length of a contract;

  • Statements about future remuneration;

  • Statements about the financial standing of the employer; or

  • Statements about the size of the employer;

When recruiting, you should take care to carefully draft employment contracts to clearly state that the agreement supersedes all prior agreements and negotiations and that the employee acknowledges that they have not relied upon representations made regarding employment.


This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. Yellow Consulting does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. You should always seek professional advice before taking any action in relation to the matters addressed.

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