Temporary pre-employment checks

During the COVID-19 pandemic, measures were introduced to allow for the remote checking of a person’s identity. These measures has been made a permanent arrangement in the NHS Employment Check Standards and employers can continue to check the identity of candidates remotely, providing original documentation is seen and validated in-person as soon as practically possible (this could be when the individual first takes up the position or are required to undertake induction or other type of training, whichever is sooner).   

This aligns with guidance issued by the Disclosure and Barring Service (DBS) which also allows for remote identity checks for DBS processing purposes (physical document check route) providing original documentation is checked in person when their employment commences.  

For further information about identity check requirements, including a list of recommended forms of identity, see the NHS Identity Checks Standard.  

Please note, we are working with key stakeholders to determine possible alignment of the NHS Employment Check Standards with digital identity checks and will keep employers informed of progress. 

On 30 March 2020, the Home Office introduced temporary measures to allow employers to conduct right to work checks remotely. These measures ended on 30 September 2022. 

Employers must now check right to work in one of three ways: 

• an online Home Office check 

• a manual check 

• using an identity service provider (IDSP) that offers Identity Document Validation Technology (IDVT).

Should an employer choose to use an IDSP, you will need to become familiar with the new regulations, and to ensure that staff involved in arranging identity and right to work checks have the necessary training on for example, what information they must obtain from the third party to confirm a candidate’s identity; what the information can be used for; and what other requirements they still need to fulfil to establish eligibility to work. 

A list of certified providers is available on the gov.uk website and is kept up-to-date as new certifications take place. Employers interested in procuring a certified provider should engage directly with those providers.  

Please note, as it currently stands a digital identity check does not negate the need for employers to see, verify and record original documents (in the combinations required) in person when the individual first takes up the position or is required to undertake induction or other type of training, whichever is sooner. We are working with key stakeholders to determine possible alignment of the NHS Employment Check Standards with digital identity checks and will keep employers informed of progress.  

For further information about right to work check requirements see the NHS Right to Work Checks Standard. 

As of 27 March 2020, the DBS introduced measures to enable employers to process DBS check applications in advance of seeing original identity documentation. This remains the case, employers can continue to conduct documentary verification remotely, providing that original documents are seen and verified in person when the individual first commences work. These measures are detailed in DBS guidance.  

An external digital identity check is now also an alternative way of verifying the identity of an applicant for a DBS check. It will involve the employer providing an applicant’s details to their chosen supplier, who will compare the data you have obtained from the applicant against a range of independent, external data sources. Digital identity for a DBS check must be undertaken by certified identity service providers (IDSPs). A list of certified providers is available on the gov.uk website and is kept up to date as new certifications take place. Employers interested in procuring a certified provider should engage directly with those providers.  

Please note, as it currently stands for the purposes of NHS identity checking, a digital identity check does not negate the need for employers to see, verify and record original documents (in the combinations required) in person when the individual first takes up the position or are required to undertake induction or other type of training, whichever is sooner. We are working with key stakeholders to determine possible alignment of the NHS Employment Check Standards with digital identity checks and will keep employers informed of progress.  

Full guidance on DBS identity checking measures can be found on the gov.uk website and in the NHS Identity Checks Standard.  

Employers should follow pre-existing requirements as outlined in the Professional Registration and Qualification Checks Standard to seek online verification against the relevant professional register to confirm that the healthcare worker is registered to practise in the chosen profession.  

The Health and Social Care Secretary has announced that temporary emergency registers for healthcare professionals will remain open over for a further two years. The registers were originally introduced as part of the response to the COVID-19 pandemic and had been scheduled to close on 30 September 2022, but this time has now been extended. Read our latest news page for more information. 

Employers should follow pre-existing requirements as outlined in the Work Health Assessment Standard. 

Employers should follow pre-existing requirements as outlined in the Employment History and Reference Checks Standard to obtain references to validate a period of three consecutive years of continuous employment or training immediately prior to the application being made.  

There may be several genuine reasons as to why an applicant cannot provide you with a referee from a previous employer. For example, this may be because the individual has never worked before, or they have not worked for some considerable time, or their previous employer has ceased trading. Where limited references are available, the decision to appoint must be based on what the applicant can reasonably provide to support their application. Reasons for the recruitment decision and details of all efforts to obtain a reference should be recorded on file, this should also include any reasons as to why information could not be obtained. 

If you require further information or have any questions regarding the rolling back of the temporary measures, please email employmentchecks@nhsemployers.org