DBS checks play a crucial role in safer recruitment across the UK. However, employers are often unsure how these checks should be handled during probation periods. Understanding what is legally permitted — and what could expose your organisation to risk — is essential for compliant hiring.
This guide explains how DBS checks work alongside probation periods, what employers can and can’t do, and best practices to protect both staff and organisations.
Can You Start Employment Before a DBS Check Is Completed?
In some cases, yes — but with caution. UK law allows conditional employment while a DBS check is pending, provided the role is not legally prohibited without clearance. This is common in sectors such as care, education, and healthcare where recruitment delays could affect service delivery.
However, employers must carry out a full risk assessment and implement safeguards, such as supervision or restricted duties, until the DBS certificate is received.
What Employers Can Do During Probation Periods
Employers are permitted to:
-
Make employment conditional on a satisfactory DBS result
-
Limit responsibilities until clearance is confirmed
-
Suspend or withdraw an offer if a DBS result raises safeguarding concerns
-
Re-check DBS status if the role changes during probation
Using a trusted provider such as CRB Direct can help ensure checks are processed correctly and without unnecessary delays.
What Employers Cannot Do
There are clear restrictions employers must follow:
-
You cannot request a DBS check for roles that are not eligible
-
You cannot dismiss an employee automatically based on a disclosed offence
-
You cannot share DBS information beyond authorised personnel
-
You cannot retain DBS data longer than legally allowed
Failing to follow these rules could lead to discrimination claims or GDPR breaches.
Managing Unsatisfactory DBS Results Fairly
If a DBS check reveals information during probation, employers must assess relevance, severity, and timing of any offences. A fair decision considers:
-
The nature of the role
-
The relevance of the offence to job duties
-
Evidence of rehabilitation
-
Safeguarding obligations
A probation period does not remove the requirement to act reasonably and proportionately.
Best Practice for DBS Checks During Probation
To stay compliant and protect your organisation:
-
Clearly state DBS conditions in employment contracts
-
Carry out checks as early as possible
-
Document risk assessments for conditional starts
-
Apply decisions consistently across all candidates
Having a clear DBS policy aligned with probation procedures helps avoid disputes and ensures safer recruitment.
FAQs
Can an employee work during probation without a DBS check?
Yes, in some roles, but only with safeguards in place and a completed risk assessment.
Can an employer dismiss someone during probation due to DBS results?
Yes, if the decision is fair, lawful, and proportionate to the role and risk involved.
Is a new DBS check required after probation ends?
Not usually, unless the role changes or regulations require renewal.
How long should DBS information be kept?
DBS data should be destroyed after six months unless a lawful reason exists to retain it.
