Pre-Employment Checks UK: What Checks Are Required by Law?

Pre-employment checks protect your business from bad hires, legal risks, and compliance failures. But some checks are illegal if done wrong. Here's how to do them properly.

Mandatory vs Optional Checks

Always Mandatory

Right to work check:

• Required for every employee, regardless of role
• Must be completed before employment starts (within 28 days before start date)
• Civil penalty: £45,000 per illegal worker
• Criminal penalty: Unlimited fine and prison for knowingly employing illegal workers

Usually Required (Depending on Role)

DBS checks:

• Mandatory for regulated activity (working with children or vulnerable adults)
• Required for some financial services roles
• Required for roles specified in Rehabilitation of Offenders Act exceptions

Industry-specific registrations:

• Healthcare professionals (GMC, NMC, HCPC registration)
• Solicitors (SRA practicing certificate)
• Accountants (ICAEW, ACCA membership)
• Teachers (Teaching Regulation Agency check)

Optional But Recommended

• References from previous employers
• Qualification verification
• Credit checks (for financial roles only)
• Medical questionnaires (only post-offer)

Never Allowed

• Blanket health questions before offering job (disability discrimination)
• Genetic testing (illegal)
• Spent criminal conviction checks (unless role is exempt)

Right to Work Checks

What Documents to Accept

List A (Permanent right to work):

• British or Irish passport
• Passport showing indefinite leave to remain
• Settled/pre-settled status share code (checked via GOV.UK)
• Birth certificate + National Insurance number (if born before 1983)

List B (Time-limited right to work):

• Visa showing permission to work
• Biometric Residence Permit
• Pre-settled status (must recheck when expires)
• Student visa (check working hour restrictions)

###How to Check

Manual check (in person):

1. Meet the person face-to-face
2. Check document in their presence
3. Verify it's genuine (watermarks, holograms)
4. Check photo matches the person
5. Check visa hasn't expired
6. Take a clear copy (both sides if applicable)
7. Record the date you checked

Online check (for visa holders):

1. Candidate provides share code from GOV.UK
2. You enter code on GOV.UK checking service
3. System confirms right to work status
4. Keep screenshot of result

Keeping Records

What to keep:

• Clear copy of the document
• Date of check
• Name of person who checked

How long: 2 years after employee leaves.

Why: If immigration enforcement finds an illegal worker, you avoid penalty if you conducted proper checks.

Common Mistakes

Accepting expired documents:

• If visa expired, they don't have right to work
• Check expiry dates carefully

Not checking everyone:

• Must check all employees, including British citizens
• Checking only foreign-sounding names is discrimination

Poor quality copies:

• Copies must be clear and legible
• Full pages of passports (not cropped)

DBS Checks

What DBS Checks Show

Basic DBS (£18-25, 5-10 days):

• Unspent convictions only
• Anyone can apply
• Suitable for most roles requiring basic criminal record check

Standard DBS (£18-25, 2-4 weeks):

• Spent and unspent convictions
• Cautions, reprimands, warnings
• Only for eligible roles (legal, financial services)

Enhanced DBS (£38-52, 4-8 weeks):

• All of standard, plus police intelligence
• Check against barred lists
• Only for regulated activity with vulnerable groups

When You Can Request DBS Checks

Basic DBS: Any role (candidate applies, not employer)

Standard/Enhanced DBS: Only for:

• Regulated activity (frequent work with children/vulnerable adults)
• Certain financial services roles
• Legal profession roles
• Roles listed in Rehabilitation of Offenders Act exceptions

You cannot request standard/enhanced DBS for general office, retail, or most private sector roles.

How to Request

1. Register with DBS Umbrella Body (e.g., GB Group, Fieldfisher)
2. Send application link to candidate
3. Candidate completes application (ID, addresses for last 5 years)
4. DBS processes checks
5. Certificate issued to candidate (copy to you if consented)

Timeline: Build 4-8 weeks into hiring timeline for enhanced checks.

What to Do If Convictions Are Disclosed

Don't automatically reject.

1. Assess relevance: Is conviction relevant to role?
2. Consider time elapsed: How long ago?
3. Consider circumstances: Nature, age at time, pattern, rehabilitation
4. Discuss with candidate: Give them chance to explain
5. Document decision: Note why you rejected or accepted despite conviction

References

Are References Legally Required?

No. References are not legally required.

But: Most employers request them to verify employment history and performance.

When to Request

After conditional offer (most common):

• Protects candidate's confidentiality
• Speeds up process

Before interview (less common):

• Useful for high-volume recruitment
• May deter candidates

What to Ask

Standard questions:

• Dates of employment
• Job title and duties
• Reason for leaving
• Sickness absence
• Performance and conduct
• "Would you re-employ?"

Don't ask about:

• Health or disability (before offering job)
• Pregnancy or maternity
• Trade union membership

How Long Do They Take?

Typical timeframes:

• 1-2 weeks for most employers
• 3-4 weeks for large organizations/public sector
• May never arrive from unresponsive former employers

Chasing: Send polite chasers after 1 week, then 2 weeks. After 3 weeks, consider proceeding without.

Poor or Negative References

If reference raises concerns:

• Discuss with candidate (may be personal conflict)
• Request additional reference
• Weigh against interview performance
• Consider withdrawing offer if material misrepresentation

If employer refuses reference:

• Common for large employers (policy of only confirming dates/title)
• Not a red flag
• Request alternative reference

Qualification Verification

When to Verify

Always verify if:

• Qualification is essential for role
• Professional registration required
• Claims seem exaggerated

Consider verifying for:

• Senior roles
• Roles requiring specific technical skills
• Red flags in interview

How to Verify

Request certificate:

• Ask for original at interview
• Take copy for records

Contact awarding body:

• University, college, or professional body
• Confirm qualification, grade, date
• May charge fee (£10-50)

Use verification service:

• HEDD (UK degree verification)
• Ecctis (international qualifications)

Fake Degrees

Red flags:

• University name you don't recognise
• Poor quality certificate
• Vague about studies
• Reluctant to provide certificate

If suspected: Verify with awarding body. Don't accuse - say it's standard practice.

Medical Questionnaires

When You Can Ask About Health

Never before offering the job. It's illegal under the Equality Act.

After conditional offer: You can ask to:

• Check they can do essential functions
• Establish if reasonable adjustments needed
• Assess suitability for health and safety reasons

What You Can Ask

Post-offer questionnaire:

• Do you have health conditions that might affect ability to do this job?
• Do you require any adjustments?
• How many days' sickness absence in last 12 months?

Focus on: Ability to do the job, not general health.

What You Cannot Do

Reject based on disability unless:

• Cannot do essential functions even with reasonable adjustments
• Adjustments required are not reasonable (extremely costly)

Reasonable adjustments: Flexible hours, special equipment, adapted workspace, additional breaks, remote working.

Timing Your Checks

Typical timeline after offer accepted:

Week	Activity
Week 0	Conditional offer accepted, checks begin
Week 1	Right to work check completed
Week 1-2	References chased
Week 2-4	DBS check (if required)
Week 3	References received
Week 3-4	Qualifications verified
Week 4	Medical questionnaire (if required)
Week 4	All checks complete, confirm start date

Allow 4-6 weeks from offer to start date if checks are extensive.

Withdrawing Offers Based on Checks

When You Can Withdraw

You can withdraw if:

• They fail right to work check (you must withdraw)
• References are very poor
• DBS reveals serious relevant convictions (assessed fairly)
• They lied about qualifications
• Medical assessment shows cannot do essential functions even with adjustments

Explain in writing: "We are withdrawing our conditional offer because [specific reason]."

When You Cannot Withdraw

Cannot withdraw based on:

• Disability alone (unless no reasonable adjustments possible)
• Pregnancy revealed in medical questionnaire
• Spent convictions (if role isn't DBS-exempt)
• Poor credit (unless directly relevant)

Legal Risks of Wrongful Withdrawal

If withdrawal is discriminatory:

• Employment tribunal claim
• Compensation for injury to feelings
• Financial loss compensation
• Reputational damage

Always seek legal advice before withdrawing offer based on checks.

Data Protection and Record Keeping

GDPR Compliance

You must:

• Tell candidates what checks you'll do
• Get consent for credit/social media checks
• Only check what's relevant
• Keep data secure
• Delete when no longer needed

Retention periods:

• Right to work copies: 2 years after employment ends
• DBS certificates: Don't keep certificate; record date, number, decision only
• References: 6-12 months after recruitment
• Medical questionnaires: Employment file

Data Breaches

If you lose pre-employment check data:

• Report to ICO (if high risk)
• Notify affected individuals
• Risk fine up to £17.5m or 4% of turnover

Prevent breaches: Store securely, limit access, encrypt files, use secure email.

Key Takeaways

✓ Right to work checks mandatory for everyone - £45,000 fine per illegal worker ✓ DBS checks only for specific roles - can't request for most jobs ✓ References optional but recommended - chase promptly ✓ Medical questionnaires only after conditional offer - never before ✓ Verify qualifications if essential - fake degrees are common ✓ Credit checks only for finance roles ✓ Keep right to work copies for 2 years - other checks can be deleted sooner ✓ Allow 4-6 weeks for all checks - don't rush

Pre-employment checks protect your business, but doing them wrong creates legal risks. Check what's required, skip what's not, and always justify why you checked.