Since the UK’s departure from the European Union, a number of regulatory changes have taken place, particularly in the realm of employment and background screening. If you’re an employer or job seeker in the UK, understanding how Brexit has affected DBS checks and right to work screening is crucial to ensure compliance with current regulations.
Impact on DBS Checks
Brexit has not directly altered the process of DBS checks (Disclosure and Barring Service checks), as these are managed under UK domestic law. However, the broader impact is seen in the change to right to work checks, which often coincide with criminal background screening during recruitment processes.
Before Brexit, employers could accept an EU passport or national identity card as proof of the right to work. Since 1 July 2021, EU, EEA, and Swiss citizens are no longer automatically eligible to work in the UK unless they have secured status under the EU Settlement Scheme or hold a visa under the points-based immigration system.
Although the DBS check process remains the same, it’s now more common for employers to request enhanced verification and documentation from applicants, especially those from the EU. This has increased the administrative burden and the need for identity verification tools alongside DBS checks.
Changes to Right to Work Screening
The most significant post-Brexit change is the overhaul of right to work screening. Employers must now use a combination of in-person document checks and online verification through the Home Office’s digital system. This shift aims to ensure that non-UK nationals have legal permission to work.
For EU nationals, this means providing digital evidence of their immigration status. Employers must use the online service to check this and keep records as proof of compliance. This has introduced a steeper learning curve for businesses unfamiliar with immigration rules.
Failure to carry out these checks correctly can result in fines of up to £20,000 per illegal worker, making it imperative for employers to update their hiring procedures.
What Employers Should Do Now
Employers should review and revise their recruitment policies to incorporate the latest DBS and right to work check guidelines. Key steps include:
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Ensuring that HR teams understand the new right to work requirements
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Making use of the Home Office’s online checking service
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Incorporating identity verification alongside DBS checks to confirm legal status
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Keeping accurate records of checks to demonstrate compliance
Using services like ClearCheck.co.uk can help streamline the DBS application process and provide support for compliant hiring in a post-Brexit UK.
