Recruiting the right people is essential for every organisation, particularly when a role involves working with children, vulnerable adults or sensitive information. A Disclosure and Barring Service (DBS) check can help employers make safer recruitment decisions. However, understanding how DBS checks fit into conditional job offers is equally important.
Employers should know when to request a check, what the results mean and how to handle situations where an applicant’s certificate raises concerns.
What Is a Conditional Job Offer?
A conditional job offer is an offer of employment that depends on the applicant meeting specific requirements before their appointment is confirmed.
These conditions may include:
- Satisfactory employment references
- Verification of qualifications and professional experience
- Confirmation of the applicant’s right to work in the UK
- A satisfactory DBS check, where legally appropriate
Making an offer conditional allows employers to progress with recruitment while completing essential pre-employment checks.
When Should Employers Request a DBS Check?
Employers should generally request a DBS check at the appropriate stage of recruitment, often after making a conditional job offer.
This approach helps avoid unnecessary checks on unsuccessful applicants and limits the collection of sensitive personal information.
However, employers must first establish whether the position is eligible for the level of check requested. The responsibilities of the role determine whether a Basic, Standard or Enhanced DBS check is appropriate.
For example, positions involving regulated activity with children or vulnerable adults may qualify for an Enhanced DBS check, including relevant barred list checks.
Employers should never request a higher level of check simply because they prefer more information. Each application must meet the relevant eligibility requirements.
What Happens If a DBS Check Reveals Information?
A DBS certificate may contain information that requires further consideration before an employer confirms an appointment.
However, a criminal record does not automatically mean an applicant should be rejected. Employers should assess whether the information is relevant to the position and consider the circumstances surrounding the disclosed offence.
A fair assessment may include:
- The nature and seriousness of the offence
- How long ago it occurred
- Whether it is relevant to the responsibilities of the role
- Evidence of rehabilitation and positive changes
- Any safeguarding or workplace risks
Employers must also follow the Rehabilitation of Offenders Act 1974 and applicable filtering rules. Protected convictions and cautions must not be considered, and employers should avoid requesting or using information they are not legally entitled to receive.
Can an Employer Withdraw a Conditional Job Offer?
An employer may withdraw a conditional offer if the applicant does not meet a clearly stated condition, including an appropriate criminal record check requirement.
However, the decision should be reasonable, consistent and based on the actual requirements of the position. Employers should avoid automatically rejecting candidates because a DBS certificate contains information.
It is also important to remember that accepting a job offer can create an employment contract, even before the employee’s first working day. Employers should therefore make conditions clear in writing and consider their contractual and legal obligations before withdrawing an offer.
Best Practices for Managing DBS Checks
A clear recruitment process helps employers manage conditional offers fairly and efficiently.
Organisations should:
- Explain DBS requirements to candidates before requesting checks.
- Confirm the correct level of check for each position.
- Clearly state DBS conditions in written job offers.
- Obtain the necessary applicant consent and verify identity.
- Keep criminal record information secure and confidential.
- Apply a consistent recruitment of ex-offenders policy.
- Record decisions and document the reasons behind them.
Employers can also use professional DBS checking services to help manage applications and maintain an organised screening process.
Frequently Asked Questions
Should a DBS check be completed before a job offer?
Employers will generally benefit from making a conditional offer before requesting a DBS check. This reduces unnecessary checks on unsuccessful applicants. The check must still be appropriate and legally permitted for the role.
Can an employer reject someone because of a criminal record?
Not automatically. Employers should consider the relevance, seriousness and circumstances of the disclosed information, while following applicable legislation and filtering rules.
Can someone start work before their DBS certificate arrives?
This depends on the role and applicable safeguarding requirements. Employers must ensure that any interim working arrangements are legally permitted and that appropriate risk assessments and safeguards are in place.
What happens if a candidate refuses a DBS check?
If a DBS check is a lawful and clearly stated condition of employment, refusing to complete the process may mean the candidate cannot meet the offer’s requirements.
Conclusion
Conditional job offers and DBS checks work together to support safer and more responsible recruitment. By requesting appropriate checks at the right stage, assessing results fairly and communicating conditions clearly, employers can protect their organisations while treating applicants consistently and respectfully.
