When hiring in the UK, employers must carry out a range of checks before a new employee can start work. Two of the most common — and often confused — are DBS checks and Right to Work checks. While both help employers make safe and lawful hiring decisions, they serve completely different purposes. Understanding how they complement or clash is essential for staying compliant with UK law.
You can start a DBS application online through CRB Direct.
What Is a Right to Work Check?
A Right to Work check confirms whether someone is legally allowed to work in the UK. Employers must check acceptable identity and immigration documents, or use the Home Office online service if the worker holds digital status.
Right to Work checks are mandatory for all employees, regardless of their job role, industry, or background.
What Is a DBS Check?
A DBS check (Basic, Standard, or Enhanced) reveals an applicant’s criminal record information. Employers request a DBS check to help assess whether someone is suitable for roles involving trust, responsibility, or access to vulnerable groups.
Unlike Right to Work checks, a DBS check is not required for every role. It depends on job duties and legal eligibility rules.
How the Two Checks Complement Each Other
For many employers, both checks are part of a safer recruitment process. They complement one another by providing different information:
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Right to Work confirms legal employment eligibility.
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DBS helps assess suitability and risk for a specific role.
Together, they ensure businesses hire people who are both legally permitted and appropriate for the job.
Where Employers Get Confused
Because both checks are carried out at the start of recruitment, employers often assume one replaces the other. This is incorrect. Key differences include:
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A DBS check does not confirm immigration status.
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A Right to Work check does not check criminal history.
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Employers cannot use a DBS check to avoid completing Right to Work checks — doing so risks significant Home Office penalties.
Do the Checks Ever Conflict?
Occasionally. For example:
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A candidate may legally work in the UK but not be eligible for the level of DBS check the employer wants.
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A candidate may pass a DBS check but fail the Right to Work due to immigration restrictions.
In these cases, immigration law always takes priority. A candidate cannot be employed legally if they fail Right to Work checks, regardless of DBS results.
Best Practices for Employers
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Perform Right to Work checks before employment begins.
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Request DBS checks only when the role is legally eligible.
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Use official services and avoid photocopy-only checks.
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Re-check Right to Work documents if the employee has time-limited status.
FAQs
Do I need a DBS check if I already did a Right to Work check?
Yes. They check completely different things.
Can someone start work before their DBS check is complete?
Only for eligible roles and with a proper risk assessment.
Does a DBS check prove someone can work in the UK?
No. Only a Right to Work check confirms immigration status.
What if a worker refuses a DBS check?
If the role legally requires it, the employer cannot hire them.
