An employee DBS check involves duties on both sides. The employer must justify the level and use the information fairly; the employee must provide accurate application and identity details and then present the original certificate.
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Confirm the duties, eligible level and applicant information first.
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Quick takeaways
- Employers are responsible for requesting the correct level.
- They should see the original certificate, not a copy or photo.
- DBS information must be stored and handled carefully.
- Update Service checks are only lawful where eligibility and consent exist.
Employer responsibilities
Employers are responsible for asking for the correct level of DBS check. They cannot just choose the highest level because it feels safer; the role must be legally entitled to the level being requested.
That duty matters in education, tutoring and safeguarding contexts because a wrongly requested check is not just bad admin; it can be unlawful.
- DBS provides an eligibility tool in beta, but it is not legal advice and does not cover every role. The legal responsibility still sits with the organisation or person requesting the higher-level check.
Checking and handling the certificate correctly
Once the certificate is issued, employers should inspect the original document, not a copy or a phone photo. They should check the issue date, the identity details, the level, the workforce and any disclosure content.
DBS certificate information should be used only for the purpose it was obtained for and usually destroyed after no more than 6 months, in line with the code of practice and handling guidance. Good handling is part of the employer’s responsibility, not an optional extra.
- See the original certificate.
- Use the information only for the suitability decision it was obtained for.
- Store any recorded information securely and for no longer than needed.
What the employee should be told
Before an application starts, give the tutor a clear role description, the proposed disclosure level and the reason that level is eligible. Explain who will verify identity, who pays any fee, how the certificate will be reviewed and what will happen to information recorded from it.
When the certificate arrives, compare it with the application rather than treating it as a generic badge. Check the name, level, workforce, position and issue date, then discuss any discrepancy directly with the employee. A fair process gives the tutor an opportunity to correct factual misunderstandings and does not circulate disclosure information to colleagues who are not involved in the suitability decision.
Move from policy to a live check
Use the application route once the employer assessment is documented.
Update Service use for employers
Where the certificate is on the Update Service, an employer can run a free status check if they have the person’s consent and the role is entitled to the same level and workforce. That can reduce repeat applications in the right circumstances.
For tutoring organisations, that makes process discipline important. Poor file handling or vague role descriptions weaken the value of the check.
Next step
Good employer content should move quickly from theory to process. Once the role, level and route are clear, the remaining task is execution.
Do not guess: document the role, level and requester before submission.
Common questions
Can an employer request any DBS level they prefer?
No. The role must be legally entitled to the level requested.
Should employers keep DBS information forever?
No. Handling guidance says the information should usually be destroyed after no more than six months.
Can an employer accept a photo of a certificate?
No. The original certificate should be inspected.
When can an employer use the Update Service?
When they have the person’s consent and the role is entitled to the same level and workforce.
What to do next
Start the check after the role, consent and handling process are clear.