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This is one of the easiest mistakes to make when screening journeys start to overlap. The DBS ID checking guidance says employers must complete a Right to Work check on all new recruits. Separate DBS guidance for employers is even more direct: the employer is responsible for checking whether someone has the right to work in the UK, and the DBS does not do this.
The confusion usually comes from shared documents and shared technology. DBS guidance supports digital identity verification in certain cases, including where an applicant can present a passport or driving licence. At the same time, Right to Work rules now rely heavily on digital immigration status for many people, and BRPs can no longer be used to prove Right to Work even though they may still appear in DBS identity processes.
| Process | What it establishes | What it does not establish |
|---|---|---|
| DBS identity check | Identity for a DBS application | A statutory excuse for Right to Work |
| Right to Work check | Whether the employer has followed a prescribed RTW route | Whether DBS identity requirements have been met |
| Digital identity verification | May support identity checking in the right context | A single shortcut that replaces both legal processes |
A joined-up screening journey still makes sense. The important distinction is legal rather than operational: identity for DBS, immigration status for Right to Work, and the evidence trail for each need to remain separate enough to stand up on their own.
Sources: Employer’s guide to Right to Work checks, employer awareness research and the draft code of practice.
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This is the final blog in a 6-part series. You can subscribe here to be notified of future changes to Right to Work Compliance based on HMRC updates and Gov.uk sources.
You can also find the other parts here:
- Click here for part 1 on how the Home Office’s draft 2026 code shifts Right to Work compliance.
- Find out how Right to Work is moving beyond employees in part 2 here.
- Part 3 covered how digital-only Right to Work journeys can leave gaps.
- In part 4, we looked at how rechecks have been causing employers to become unstuck with regards to their right to work compliance.
- Click for part 5 where we look at scale of the crackdown by the home office on right to work checks.
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