In the UK, many jobs require a Disclosure and Barring Service (DBS) check to ensure the safety of vulnerable groups, including children and adults at risk. But can you work without one? The answer depends on the role and legal requirements.
When Is a DBS Check Required?
A DBS check is legally mandatory for certain positions, particularly those involving regular contact with children or vulnerable adults. These include:
- Teachers and teaching assistants
- Healthcare workers
- Social workers
- Childcare providers
- Roles in care homes
Employers in these sectors cannot legally hire someone without the appropriate DBS check. Failing to obtain one could result in legal consequences for both the employer and employee.
When Is a DBS Check Not Required?
Not all jobs require a DBS check. Many roles in retail, office administration, and other sectors where employees do not work with vulnerable groups do not legally need one. However, some employers may still request a basic DBS check as part of their hiring policy, even if it’s not a legal requirement.
Types of DBS Checks
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Basic DBS Check – Shows unspent convictions. Anyone can request one, and some employers ask for it voluntarily.
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Standard DBS Check – Reveals spent and unspent convictions, cautions, and reprimands. Required for certain professions, such as legal or financial roles.
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Enhanced DBS Check – Includes the above plus any additional police notes. Essential for roles in healthcare, education, and social care.
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Enhanced with Barred Lists Check – The highest level, checking if the applicant is barred from working with vulnerable groups.
Legal Consequences of Working Without a Required DBS Check
If a job legally requires a DBS check and an employer fails to conduct one, they could face:
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Fines or legal action under the Safeguarding Vulnerable Groups Act 2006.
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Reputational damage if an employee harms a vulnerable person.
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Loss of business licences (e.g., care homes or schools).
Employees who knowingly work without a required DBS check could also face dismissal or legal penalties.
Can You Start Work While Waiting for a DBS Check?
In some cases, employers may allow a new hire to start work under supervision while their DBS check is processed. However, this depends on the employer’s risk assessment and the role’s nature.
Conclusion
Whether you can work without a DBS check depends on the job. For roles involving vulnerable groups, it is a legal requirement. In other sectors, it’s at the employer’s discretion. Always verify the DBS requirements for your position to avoid legal issues.
If in doubt, consult your employer or the UK Government’s DBS guidance for clarification.
