If something shows up on your DBS check, or if you know in advance that something will be showing up, then it’s good to know what your employers’ options are. Can they sack you, or rescind their offer? It depends…
What Happens If Something Shows Up On My DBS Check? – Unspent Convictions
Employers have the right to rescind job offers or terminate employment based on unspent convictions that show up on your DBS check. This doesn’t necessarily mean they will, and if the offence is unrelated to the job role, it’s unlikely to affect your employment – but the decision lies with your employer – as long as it can be justified under the Rehabilitation of Offenders Act 1974; otherwise, it counts as a form of discrimination!
What Happens If Something Shows Up On My DBS Check? – Spent Convictions
Standard and Enhanced DBS checks reveal spent convictions, but employers are not permitted to let spent convictions affect their decision on employing an individual.
The Rehabilitation of Offenders Act 1974 (ROA) means that convictions that are spent must be treated as if they never happened – the individual has served their time, and should not be penalised further by society.
What Happens If Something Shows Up On My DBS Check? – Cautions
Standard and Enhanced DBS checks also show unfiltered* police warnings, cautions, and reprimands. These are unlikely to affect your employment status, due to the less-serious nature compared to a conviction. However, employers withhold the right to make employment decisions based on this information – as long as it can be justified.
*The filtering of convictions is a different process to spent/unspent convictions. Where spent convictions are disclosed on Standard and Enhanced checks, filtered convictions and cautions are not. Click here to read more about the filtering of convictions.
What Happens If Something Shows Up On My DBS Check? – The Barred Lists
If you are applying for a role that involves working with children or Vulnerable Adults, you will more-than-likely require a check of one or both of the Barred Lists.
It is against the law to apply for a role working with a vulnerable group you are barred from, and it is against the law for an employer to hire you for such a role!
Click here for more information on the Barred Lists.
What Happens If Something Shows Up On My DBS Check? – Local Police Information
On Enhanced DBS checks, the local police are allowed to disclose any extra information they have on the applicant at their discretion, as long as it relates to the role being applied for. For more info on what exactly the police can disclose, read our blog on Local Police Information.
Employers can use this information as grounds for rejecting a job application or terminating employment, but only if they have a watertight justification for doing so – otherwise, it’s considered a form of discrimination.
Summary: What Happens If Something Shows Up On My DBS Check?
If something shows up on your DBS check, it’s rarely an issue unless the information disclosed relates in some way to the role you are applying for. Employers cannot refuse to hire you, or give you the sack based on information disclosed on a DBS check, unless they can justify it within the terms of the Rehabilitation of Offenders Act 1974 – otherwise, it’s an illegal form of discrimination.
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Further Reading:
If you found this article, “What happens if something shows up on my DBS Check” useful, we have collated some further helpful DBS content below.
- What will fail a DBS check?
- What The Changes To DBS Filtering Rules Mean For You
- Can I use a check from 3 years ago?
- Do employers always do DBS checks?
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.