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Posted: Thu 22nd May 2025
7 min read
When you're hiring, it's important to carry out certain checks before making someone a formal part of your team.
These checks not only help confirm that a candidate is legally allowed to work in the UK, but also make sure they're a good match for your business.
While not all checks are required by law, some are, and many can help you avoid problems later on.
This blog outlines the key checks small business employers in the UK should consider – some are legally compulsory, others depend on the job role or sector.
Before you hire anyone, you must check that they're legally entitled to work in the UK. This is a legal requirement under the Immigration Act 2014.
You can check a candidate's right to work by inspecting original identity documents or using the Home Office's online checking service.
Section 15 of the Immigration, Asylum and Nationality Act 2006 makes it clear that you must not employ anyone who:
doesn't have valid leave to remain in the UK
has overstayed their visa or permission
provides forged or invalid documents
is restricted from doing the type of work you're offering
Knowingly employing someone who doesn't have the right to work could lead to up to five years in prison and an unlimited fine.
Even if it was unintentional, you could face a civil penalty of up to £20,000 per worker. In such cases, you have 28 days to respond by paying the fine, lodging an objection or appealing.
It's good practice to keep records of all right-to-work checks you carry out, in case you need to prove you took the correct steps.
Depending on the nature of the role, you may want to request a criminal record check, officially known as a Disclosure and Barring Service (DBS) check.
These are commonly used for roles involving children, vulnerable adults or healthcare work. There are four levels of DBS check:
Basic check – shows any unspent convictions or conditional cautions
Standard check – includes both spent and unspent convictions, cautions, warnings and reprimands
Enhanced check – includes the same as a standard check plus any relevant information held by local police
Enhanced check with barred lists – includes the above, along with information about whether the applicant is on a list that prevents them from working in certain sectors
Not all roles require a DBS check by law, so it's best to assess whether one is relevant for the position. You can also request a new check periodically for existing staff, though overseas records won't appear in a DBS.
You're not allowed to ask about a candidate's health or disabilities until after you've offered them a job (even conditionally), unless the question relates to making reasonable adjustments for the recruitment process.
Once a job offer is on the table, you can carry out a medical questionnaire or occupational health assessment – especially if the role involves physical activity or specific risks. This helps identify whether any adjustments may be needed under the Equality Act 2010.
Health data is classed as "special category data" under GDPR, meaning you must handle it carefully and only with the applicant's consent.
For certain roles – particularly those involving public engagement or communications – you might consider reviewing a candidate's social media presence. This can help assess whether their online behaviour fits with your business's values.
That said, social media profiles rarely show the full picture. Context can be missing and posts may not reflect current views. If anything concerning comes up, it's better to ask the candidate directly during the interview stage.
Use this kind of check to support your overall decision-making, not as the sole basis for rejecting a candidate.
If the role asks for particular qualifications – such as a professional degree or trade-specific training – you should check that your applicant's credentials are genuine. This is especially important for regulated professions like medicine, law or engineering.
Ask for original copies of certificates and, where necessary, check professional memberships (for example, with the British Medical Association).
If you're not sure whether any documents are authentic, contact the awarding body directly.
Unfortunately, fraudulent certificates are not uncommon, so it's worth being cautious.
References remain a valuable tool for confirming a candidate's employment history, work ethic and general suitability. They help you validate the information provided in interviews and CVs.
You don't have a legal duty to ask candidates for references, but doing so can bring some peace of mind. When you contact referees, focus on the applicant's responsibilities, reliability and any strengths or concerns relevant to the role.
Right-to-work checks are a legal requirement for all employers in the UK and you should prioritise them in every recruitment process you run.
Other checks – such as DBS screening, checking qualifications or gathering references – may be useful depending on the nature of the role and your business's needs.
Done properly, pre-employment checks help protect your business, your team and your future employee. They're also a chance to learn more about your candidate and offer support where needed, such as workplace adjustments for health conditions or disabilities.
Taking a little extra time now could save your business from costly problems later.
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