Conducting background checks on potential employees is an important point of the hiring process, especially when safety, legal compliance, and workplace integrity are on the line.
In the United Kingdom, however, background screening is governed by a strict set of legal requirements that employers must follow to avoid violating privacy laws, discriminating against applicants, or mishandling sensitive data.
Understanding the UK’s background check laws is not only important for compliance, but also for maintaining fair recruitment practices. One must follow background screening regulations to make sure the process is transparent, accurate, and legally valid.
This guide offers a clear overview of the types of pre-employment checks that are allowed, those that are restricted or prohibited, and how to carry them out lawfully and ethically.
Legal Framework for Background Checks
Background screening in the UK is regulated under a combination of laws and regulations, including:
- The Rehabilitation of Offenders Act 1974
- The Data Protection Act 2018
- The General Data Protection Regulation (GDPR)
- The Equality Act 2010
Each of these legal instruments protects individual privacy while outlining the legislative conditions under which employers are permitted to conduct employment screening.
Things Employers Are Permitted to Check
Criminal Record Checks
Employers may ask for a Disclosure and Barring Service check if the role requires it. There are four levels of DBS checks:
- Basic DBS check: Shows unspent convictions and another prosecution tool called conditional cautions.
- Standard DBS check: Includes both spent and unspent convictions, cautions, reprimands, and final warnings.
- Enhanced DBS check: Includes all information from the Standard check, plus any linked information held by local police forces.
- Enhanced DBS with Barred Lists: Adds a check to determine whether the individual is barred from working in certain roles, especially with vulnerable groups.
Employers must be eligible to request standard or enhanced checks and must not use spent convictions unless the role legally permits it.
Right-to-Work Checks
It is a legal obligation for UK employers to confirm that every employee has the right to work in the country. Acceptable documentation includes:
- A valid or expired UK or Irish passport
- An authentic certificate of naturalisation as a British citizen
- A birth certificate provided in the UK or Ireland
- Biometric residence permits or settled status documentation under the EU Settlement Scheme
Failure to verify the right to work can cause civil penalties of up to £20,000 per illegal worker.
Employment and Education Verification
Employers may contact previous employers to confirm job titles, dates of employment, and reasons for quitting. Educational institutions may also be contacted to verify qualifications and dates of attendance.
Professional References
Reference checks help validate a candidate’s work history and professional conduct. Employers are advised to obtain written consent from the applicant before contacting referees.
Financial Background Checks
Financial checks, including credit history, are typically reserved for roles involving financial responsibility, such as accounting, banking, and financial services. These checks help assess the individual’s financial reliability and integrity.
Driving Record Checks
If a role requires driving, the employer can ask for information from the Driver and Vehicle Licensing Agency. This includes verifying the licence status and checking for driving offences.
Social Media and Online Presence
Employers may review a candidate’s public social media profiles for information relevant to the role. However, data collected through social media must not be used in a discriminatory manner or to judge personal beliefs, protected characteristics, or lifestyle choices unrelated to the position.
International Sanctions Lists
For roles in sensitive industries such as shipping, finance, or international trade, employers may screen applicants against UK and international sanctions lists to ensure compliance with government restrictions.
Prohibited or Restricted Background Checks
Health and Disability Information
Under the Equality Act 2010, employers are prohibited from asking candidates about their health or disability status before offering a job, except under specific circumstances:
- When it is legally necessary to determine if the candidate can carry out essential tasks of the role (such as operating machinery)
- When collecting the information for diversity and inclusion initiatives
- When the role requires medical screening as part of regulatory compliance
Any health data collected must be kept strictly confidential, and written consent is required from the applicant and their medical professional.
Date of Birth Requests
Requesting a date of birth is not allowed if the purpose is to make age-related hiring decisions. This is considered discriminatory unless age is a genuine occupational requirement.
Asking About Spent Convictions
Employers are not permitted to ask about spent convictions unless the role qualifies for a higher-level DBS check. This protection is provided by the Rehabilitation of Offenders Act, which ensures that individuals with minor or old convictions are not unfairly excluded from employment opportunities.
Protected Characteristics and Discrimination
Employers must not use background checks to discriminate against individuals on the basis of the following protected characteristics:
- Age
- Gender reassignment
- Marital or civil partnership status
- Pregnancy or maternity
- Race or ethnicity
- Religion or belief
- Sex
- Sexual orientation
- Disability
Discriminatory practices can lead to legal action through employment tribunals.
When to Carry Out Background Checks in the Hiring Process
Employers may conduct background checks at different stages of recruitment. This can be:
- Before a formal job offer is extended
- After a conditional offer has been made, but before the employee starts work
- During the onboarding process, with results impacting the final appointment
The most common and safest practice is to conduct checks after a conditional offer, ensuring the candidate is aware that their employment is subject to satisfactory results.
Final Thoughts
Background checks are a necessary and legally sensitive part of the recruitment process in the UK.
Employers must adhere to the UK’s background screening regulations by conducting fair, lawful, and transparent checks. From confirming a candidate’s right to work to understanding which criminal checks are permitted, every stage must be carefully managed to protect both the employer and the applicant.
By following the law, obtaining proper consent, and working with trusted providers like The Background Checker, businesses can make informed hiring choices while safeguarding themselves from legal risks. We provide the best background check services that businesses can count on.
