Enzo – Don’t be afraid to challenge an employer over a DBS check if you think it’s ineligible

Enzo contacted the helpline for advice around a criminal record check being carried out by his employer.

He explained that he was a qualified plumber and had been working for the same company for several years, visiting customers houses to install water softening devices. In 2007 he had received a conviction for theft which led to a suspended prison sentence. However, when he applied for the job his conviction was spent and didn’t need to be disclosed. The employer had carried out a basic Disclosure and Barring Service (DBS) check which had come back ‘clean’.

Enzo told the advisor that his employer had recently sold the business to an American company. His job was safe but he’d been advised that the new employer would be carrying out enhanced DBS checks on all staff. Enzo was concerned that if his new employer found out that he had a criminal record, he would be dismissed and he wanted to know whether his employer would legally be entitled to do this.

The helpline advisor asked Enzo for further information about his role and explained that in his opinion, Enzo’s job was not eligible for an enhanced DBS check. He would not be working directly with children or vulnerable adult and his place of work wasn’t a hospital or a school.

Enzo was given a few options with regards his next steps:

1. Agree to the enhanced DBS check and arrange a suitable time to disclose the conviction.
2. Agree to the enhanced DBS check and immediately raise an eligibility query with the DBS.
3. Speak to the employer and ask for clarification as to why this level of check was being carried out.

Enzo contacted us several weeks later with an update. He had arranged to speak to the HR manager and asked whether his job role would be changing based on the fact that a higher level of DBS check was being requested. Once it had been established that his job role would remain the same Enzo offered to apply for a new basic check explaining to his manager that he didn’t think an enhanced check was appropriate.

“The HR manager seemed surprised that I knew so much about DBS checks. She didn’t agree or disagree with me but it’s been 6 weeks now and I’ve heard no more so I’m assuming they’re not going ahead with the check.”

Notes about this case

1. This case relates to Unlock’s helpline.
2. We have practical guidance on criminal record checks for employment.
3. Names and details have been changed to protect the identity of those involved.