It is illegal for individuals who are undertaking regulated activity to start work without a DBS check. These roles require an Enhanced check.
As for roles that require Standard and Basic checks, there is actually no law suggesting you cannot start work. However, if an employer has requested a DBS check, they should see the physical DBS certificate before making the employment decision.
Is It Illegal To Work Without A Enhanced DBS Check
It is illegal to work without a DBS check for roles that are defined as regulated activity, such as providing healthcare, or supervising children. These roles would require an Enhanced DBS check.
Undertaking regulated activity without an Enhanced DBS check ever being completed is illegal, and will result in serious consequences for the hiring organisation.
Is It Illegal To Work Without A Standard DBS Check
For roles that require a Standard DBS check, such as an Accountant, or other roles of trust/sensitive data, you must also get a DBS check, but technically, there is no law that is stopping you from starting work.
Due to these roles involving the likes of sensitive data, and positions of trust, employers really shouldn’t be allowing employees to start work until the check is complete, and they have seen the physical DBS Certificate. Employing someone whose criminal history makes them unsuitable/untrustworthy could potentially have serious consequences.
Is It Illegal To Work Without A Basic DBS Check
If a job just requires a Basic DBS check, it is not illegal to work without this level of check. However, just because it isn’t a legal requirement doesn’t mean employers can’t ask an individual to get one before they start work.
If you are looking for work, and a potential employer asks you to undergo a Basic DBS check, don’t worry! It is just a good way for them to help reduce any risk to their business, and those involved in it.
About The Author
Kellie Dawson
Kellie is our in-house legal expert when it comes to DBS checks. With a background in the legal sector, she has become a recognised authority in this area.