If you’ve ever worked for a company which has been bought by another, you’ll be familiar with the concept of TUPE transfers. TUPE stands for Transfer of Undertakings (Protection of Employment). The legislation is long and complex. However, in basic terms this is what it means. If you are working for a company which is sold to another company, your benefits and length of service remain unchanged. The new company can’t change your holiday allowance or pension arrangements, for example. This protection remains indefinitely. The idea behind the law is to protect employees when a company is sold, or merges with another. It’s a complicated area of law and employers don’t always get it right. ACAS is the best place to get help with all sorts of issues about transferring to a new company. One of the most commonly asked questions is about DBS checks. Does moving to a new employer mean having to redo the checks all over again?
DBS Checks and TUPE Transfers
Lots of different employers have members of staff who have had a DBS check done. Some jobs require basic disclosure checks, other workers have an enhanced or standard check instead. Therefore, it seems reasonable to assume that if you move to a new employer under TUPE, your DBS certificate moves with you. Some employers are happy to accept this logic. There is no specific law say what should or shouldn’t happen though.
From an employer’s point of view, they are taking on people who they don’t know. As there is no expiry date on their DBS certificate, it could have been printed three or more years ago. Many employers decide that they’d like a fresh start. It’s not illegal to have a policy of doing fresh DBS checks on everyone. However, employers do have to be fair and either check everyone, or nobody.
Practicalities of getting a new DBS check
Your new employer can only ask you to have a new DBS check if your role remains unchanged. Under TUPE, most people carry on doing pretty much the same as before they transferred. If your employer wants you to have a new DBS check, then they will pay for it. TUPE transfer regulations would forbid them from asking employees to foot the bill. The process for getting a new DBS certificate is exactly the same as in other circumstances.
Most employers will ask you to complete an application form online, or fill in a paper form. This is the same form as you would use if you were applying for your first DBS check. Then, show identity documents and proof of address to the designated person at your employer. This will include a range of documents such as passport, birth certificate, utility bills and bank statements. Remember you’ll need the originals, not photocopies. Once your form arrives at the DBS, they’ll ask the police to check what they have on their computer about you. Any relevant information goes on the certificate. Finally, the certificate drops through your letterbox.
