Jurisdiction: This article covers UK rules. Right to Work requirements apply across the UK. DBS checks cover England and Wales, with Disclosure Scotland and AccessNI providing criminal record checks in Scotland and Northern Ireland.
This article is for informational purposes only and does not constitute legal advice. Employment law and screening regulations vary by jurisdiction. Consult a qualified legal professional before making compliance decisions.
Most UK hires clear the same three checks before day one: a Right to Work check, a criminal record check through the Disclosure and Barring Service (DBS), and an employment reference. Each answers a different question and follows its own rules.
Two updates on 1 October 2026 make this a good moment to review how they fit together. The Home Office published a new employer's guide that extends Right to Work checks beyond traditional employees, and Acas refreshed its guidance on job references the same day.
UK employers typically combine a Right to Work check, a DBS check matched to the role, and an employment reference or employment history check. Together they confirm that a candidate can legally do the job, is suitable for it, and has the background they described.
Here is how the three checks compare directly.
| Factor | Right to Work check | DBS check |
|---|---|---|
| Employment reference check | Question it answers | Can this person legally work in the UK? |
| Does this person have a criminal record relevant to the role? | Did this person work where and how they said? | Legal status |
| Required for every hire | Level depends on the role | Good practice, required for some regulated roles |
| When it happens | Before employment starts | Usually after a conditional offer |
| After a conditional offer, with permission | Who carries it out | The employer, directly or through a registered digital provider |
| DBS, through a registered body or responsible organisation | The hiring employer, with the candidate's referees | Main record |
| Dated copy of the check, kept for two years after employment ends | The applicant's DBS certificate | The reference and verified employment dates |
In summary, Right to Work is the legal baseline, DBS scales with the role, and references complete the picture of a candidate's history.
A Right to Work check confirms that a person is allowed to do the work in question. Carried out as the Home Office prescribes, before employment starts, the check gives employers a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
The three prescribed methods
The Home Office employer's guide recognises three ways to complete a Right to Work check:
A manual document-based check of original documents from the Home Office's acceptable documents lists.
A Home Office online check, using a share code the candidate generates. Candidates with an eVisa can only prove their status this way.
A digital check through a Right to Work digital verification service provider (RtW DVSP), such as for holders of valid British or Irish passports.
Employers ask every candidate to prove their right to work but cannot mandate the method, which keeps the process fair for everyone. A digital provider must be registered with the Office for Digital Identities and Attributes (OfDIA), and the employer stays responsible for making sure the check meets the prescribed steps.
The check is complete before the person starts work. Employers keep a secure, dated record of each check for the length of employment and two years afterwards. Where a worker's permission is time-limited, a follow-up check before it expires keeps the statutory excuse in place.
The Border Security, Asylum and Immigration Act 2025 extends the Right to Work scheme beyond contracts of employment. For arrangements that began on or after 1 October 2026, the duty also covers:
People engaged under a worker's contract
Individual sub-contractors
Online matching services that connect individual service providers with clients
For contingent and platform workforces, a consistent, documented check for every type of engagement is now the simplest approach.
A DBS check shows an applicant's criminal record information at a level set by the role. A basic check is available for any job, while standard and enhanced checks are reserved for eligible roles.
The four levels of DBS check
According to gov.uk, employers can request:
A basic check, which shows unspent convictions and conditional cautions
A standard check, which shows spent and unspent convictions and cautions
An enhanced check, which adds information held by local police that is relevant to the role
An enhanced check with barred lists, which also shows whether the applicant is barred from the role
A basic check suits any role. Standard and enhanced checks apply to specific roles, such as many positions in healthcare and childcare.
Basic checks go through a responsible organisation registered with DBS, and gov.uk says a basic check takes up to 14 days. Standard and enhanced checks go through an organisation registered with DBS or through an umbrella body, and employers carrying out fewer than 100 checks a year use an umbrella body.
Four practical points keep DBS checks simple:
A DBS certificate has no official expiry date, so employers decide when a new check is needed.
Employers can accept a certificate from a previous role after confirming the identity, level, and type match.
Candidates on the DBS Update Service let employers confirm online that a certificate is current.
Any employer carrying out criminal record checks keeps a policy on employing ex-offenders and shares it with applicants who ask.
UK GDPR gives criminal offence data extra protection. The Information Commissioner's Office (ICO) explains that employers need a condition under Schedule 1 of the Data Protection Act 2018 to process it, alongside a lawful basis. Requesting only the level the role requires and limiting who sees the result keeps the process proportionate.
DBS checks also cover only time spent in the UK. For candidates who have lived abroad, gov.uk directs employers to the rules in the country concerned, which is where international criminal record checks fill the gap.
Good practice is to request employment references after a conditional offer, with the candidate's permission, and to ask referees only for the information the role needs. Acas notes that a reference is not a substitute for other checks, such as Right to Work, which is why references work best as one part of a combined process.
Work references and character references
ACAS describes two kinds of employment reference:
A work reference, from a current or previous employer. A basic or factual reference confirms job title and dates. A detailed reference can add skills, experience, and the reason for leaving.
A character reference, from someone who knows the applicant well, such as a mentor.
Employers are not usually required by law to give a reference. The main exceptions are a written promise to provide one, a settlement agreement, and certain roles regulated by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA). Any reference given must be accurate and fair, and many employers give basic references only.
When to request an employment reference
Acas recommends three steps before approaching a current employer:
Make a conditional job offer.
Get the candidate's permission to contact referees.
Make clear at the application stage whether a work or character reference is needed.
That order protects candidates in their current role.
Employment reference vs employment verification
Because many employers give factual references only, employment verification fills the gap. A reference gathers a referee's account, while verification confirms job titles, dates, and exits against employer records and other data sources. Together they give hiring managers a confirmed history and the context around it.
The best reference checking services make the process easy for both candidates and referees. Look for:
One consent step that covers every check, captured on a mobile device
Short, structured questions that referees can answer from a phone in minutes
Automatic reminders, so recruiters do not chase referees by email
Clear status updates, so candidates know what is outstanding
Structured, mobile-first questionnaires are the core of reference check automation, and they give every candidate the same experience.
A single workflow collects consent once, runs checks in parallel, and keeps one record for audit. Separate processes repeat requests to candidates, add hand-offs between teams, and spread evidence across inboxes and systems.
The benefits of one workflow fall into five areas:
Candidate experience: one consent link and one place to upload documents, instead of three separate requests
Speed: Right to Work, DBS, and employment history checks run at the same time rather than one after another
Audit readiness: dated records, certificates, and verification results sit in one file for compliance and risk teams
Data minimisation: one controlled flow makes it easier to collect only what each check needs under UK GDPR
A combined workflow typically runs in this order:
Conditional offer made, with the check package set by role.
Candidate gives consent once and submits identity and history details.
Right to Work check completed and dated.
DBS application submitted at the level the role requires.
Employment history verified and references requested in parallel.
Results reviewed together, and the start date confirmed.
AI-powered verification removes the coordination work between checks. AI agents collect consent, query data sources in parallel, follow up on outstanding items, flag inconsistencies, and assemble one report. People review the results and make every hiring decision.
TRACE, TraqCheck's AI background verification agent, runs identity, criminal record, and employment verification in one consent-to-report workflow. Recruiters trigger checks from Greenhouse, Lever, Workday, or the API, and TRACE sends candidates a branded, mobile-friendly consent link.
AI agents run the checks in parallel, and a human verification specialist reviews every result before the report reaches your team. For standard digital verifications, the flow typically completes in hours, with a full audit trail and per-check pricing with no minimums.
For candidates who have lived or worked abroad, TRACE extends the same workflow across 190+ countries, which complements UK checks that cover UK history only. Teams hiring across borders can apply one verification standard globally.
For UK hiring teams that want sourcing and screening together, NINA, TraqCheck's AI sourcing agent, searches 50+ platforms and works natively with TRACE. A shortlisted candidate moves from outreach into consent and verification in a single workflow, with no manual hand-off between tools.
Bringing UK pre-employment checks into one process
Right to Work, DBS, and employment reference checks each have a clear purpose and a clear rulebook. The October 2026 updates widen who needs a Right to Work check and refresh good practice on references. Both make a single, consistent process more valuable for every type of hire. When consent, checks, and records live in one workflow, HR leaders get faster start dates, candidates get a simpler experience, and compliance teams get one audit-ready file. To see how TRACE brings identity, criminal record, and employment verification into your hiring workflow, book a demo.
An employment reference is information from a candidate's current or previous employer about their work. A basic or factual reference confirms job title and dates, while a detailed reference can cover skills, experience, and the reason for leaving.
Usually not. ACAS lists the main exceptions as a written agreement to provide one, a settlement agreement, and certain FCA- and PRA-regulated financial services roles. Any reference given must be accurate and fair.
Before the person starts work. Employers can use a manual document check, a Home Office online check with a share code, or a registered digital verification provider for valid British and Irish passports.
For arrangements that began on or after 1 October 2026, the scheme also covers workers, individual sub-contractors, and people supplied through online matching services.
A basic check suits any role and shows unspent convictions. Standard and enhanced checks are available only for eligible roles, such as many in healthcare and childcare. Enhanced checks with barred lists apply to regulated activity with children or adults.
A reference check gathers a referee's account of how a candidate worked. Employment verification confirms job titles, dates, and exits against employer records and other data sources. Many UK employers run both.


