For many roles in the UK, a DBS check is an essential part of safe recruitment. It helps employers ensure that individuals working with vulnerable people, handling sensitive information, or holding positions of trust are suitable and safe for the job. But what should an employer do if an employee—or a new hire—refuses to complete a DBS check?
To order fast and reliable DBS checks online, employers can visit ClearCheck.co.uk.
Is an Employee Legally Required to Agree to a DBS Check?
A DBS check cannot be carried out without the individual’s consent. This is a strict requirement under data protection law (UK GDPR). An employer cannot force an employee to undergo a DBS check.
However, whether refusal is acceptable depends on:
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The nature of the role
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Legal safeguarding requirements
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Company policy
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Industry regulations
In many workplaces, agreeing to a DBS check is a condition of employment.
When a DBS Check Is Legally Mandatory
Some roles must have DBS checks by law. These include positions involving:
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Work with children
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Work with vulnerable adults
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Teaching and childcare
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Security positions (e.g., SIA roles)
If an employee refuses a DBS check for a legally regulated role, they cannot continue in that position. Allowing them to work could breach safeguarding laws and put the employer at risk of penalties.
What Employers Can Do If Someone Refuses a DBS Check
1. Explain why the check is required
Sometimes refusal comes from misunderstanding or privacy concerns. Clear communication can resolve this.
2. Reiterate company policy
If the employment contract or job description states a DBS check is required, refusal may be grounds for withdrawing an offer or ending employment.
3. Assess whether the role truly requires a DBS check
For non-regulated roles, DBS checks may be optional. An employer must ensure they are not requesting a level of check higher than legally allowed.
4. Offer alternative duties
If appropriate, the employee may be moved to a role that does not require a check—though this is not always feasible.
5. Withdraw the job offer (for new hires)
If consent is not given, the employer can legally decline to proceed with employment.
6. Manage dismissal (for existing staff)
If the position legally requires a DBS check and the employee refuses, dismissal may be a fair and lawful outcome. However, employers should always follow a proper process.
Is Refusal a Red Flag for Employers?
Not always. Some individuals may worry about past convictions, delays, or privacy. But persistent refusal in a role where safeguarding is critical can be a warning sign. Employers must balance fairness with safety.
FAQs
Can I refuse to hire someone who won’t agree to a DBS check?
Yes—if the role requires it. Employers can legally withdraw the offer.
Can an employee be dismissed for refusing a DBS check?
Yes, if the role legally requires the check or if it is part of company policy.
Is refusing a DBS check illegal?
No. A person can refuse, but they may not be eligible for certain roles.
Do employers need consent to run a DBS check?
Absolutely. Consent is mandatory.
Where can employers apply for DBS checks?
You can apply quickly and securely through ClearCheck.co.uk.
