Pre-employment checks in construction and engineering
Construction runs on chains of contractors, and since 1 October 2026 right to work follows the chain. The Home Office scheme now covers individual sub-contractors and people on a worker's contract as well as employees. A contractor delivering a client's project through sub-contracts can be treated as the employer of everyone who personally does the work. To have a statutory excuse against a civil penalty, it needs the prescribed written contract terms and identity verification in place before work starts, and substitution controls where a contract allows substitution. The civil penalty is up to £60,000 per illegal worker.
Beyond right to work, the law cares most about competence. CDM 2015 says a contractor must not employ or appoint anyone to a construction site unless they have, or are getting, the skills, knowledge, training and experience for their tasks, and domestic gas work needs a Gas Safe registered engineer. Criminal record checks are not routine: they depend on the site, such as schools in England or government work under BPSS.
Right to work through the contract chain
Our right to work checks page explains how to do a check. An individual sub-contractor is someone who contracts with a person to provide work or services where that person has contracted with a third party to provide them but the individual has not. The label does not decide whether a check is needed, and an IR35 determination does not settle it either.
The Home Office guide's own construction example is a company that wins a contract to build homes and uses a chain of contracts for foundations and bricklaying. It may be treated as the employer of every individual who personally does the work through the chain. By contrast, a homeowner who books a self-employed plumber, who advertises to the public and works for many customers, to fix a tap does not need a check: the plumber is running an independent business. If your firm engages that same plumber to do work you have contracted to deliver for a client, they are likely to be an individual sub-contractor, and you check their right to work.
For workers and individual sub-contractors, a civil penalty can only be imposed where the engagement began on or after 1 October 2026. The civil penalty is up to £60,000 per illegal worker; our right to work checks page lists the other sanctions.
What a main contractor needs in place
The employer with the direct contract remains responsible for the check; extended liability does not transfer that duty. But to have a statutory excuse against extended liability, a contractor must meet the prescribed requirements before work starts. Its written terms must require sub-contractors to carry out prescribed checks, not to subcontract further without written consent and to pass equivalent right to work obligations down the chain, to allow audits, to accept enforcement action such as termination, and to cooperate with Home Office investigations. You may rely on sub-contractors' assurances only after reasonable steps to satisfy yourself they are reliable, and the rules are not limited to the first tier.
You also need proportionate identity verification, so the person on site is the person who was checked. The Home Office's examples include identity cards or workplace passes, attendance systems and checks against training records, qualifications or licences, and, where re-verification is used, it recommends at least once in any 24-hour period or shift, with frequency proportionate to the risk. HRjoy can help you map how far your supply chain is in scope.
Competence the law requires
CDM 2015 regulation 8 says a designer or contractor must have the skills, knowledge and experience and, for an organisation, the organisational capability to do the work safely, and anyone appointing them must take reasonable steps to satisfy themselves of this. Regulation 15(7) applies a similar test to every worker a contractor employs or appoints to a construction site, and HSE says contractors must check it.
HSE's guidance on CDM 2015 (L153) says sole reliance should not be placed on industry certification cards or similar. Nationally recognised qualifications such as NVQs and SVQs can give assurance, but training on its own is not enough. Northern Ireland has its own Construction (Design and Management) Regulations (Northern Ireland) 2016.
Gas and electrical work
Under the Gas Safety (Installation and Use) Regulations 1998, which apply in Great Britain, no one may work on a gas fitting unless competent, and an employer must not let employees work on a gas fitting or service pipework unless the employer is in a class of persons approved by HSE. HSE says anyone employed to work on gas appliances in domestic premises must be a Gas Safe registered engineer and competent in that area of gas work.
The Electricity at Work Regulations 1989 say no one may do work needing technical knowledge or experience to prevent danger unless they have it or are suitably supervised. HSE says completing an assessed training course from an accredited training organisation covering that type of work, or an electrical apprenticeship with some experience, can show competence for general work; specialised work is likely to need more. Our qualification verification page explains how to check certificates.
Government and sensitive sites
The Baseline Personnel Security Standard (BPSS) applies to all individuals working within and for the government, including contractors and suppliers. A formal offer is made only once BPSS is passed. Our BPSS page explains the four checks.
Some posts need national security vetting. A counter terrorist check (CTC) is for posts that involve unescorted access to certain military, civil, industrial or commercial establishments assessed to be at particular risk from terrorist attack. It requires BPSS, a security questionnaire, a departmental or company records check, and checks of spent and unspent criminal records and Security Service records. It is for people employed in posts that meet those criteria, so ask the client which posts on its site need it.
When criminal record checks are proportionate
No general law requires criminal record checks for construction work. The Information Commission's (ICO) draft guidance, under review following the Data (Use and Access) Act 2025, says to vet only where there is a legal obligation or significant and particular risks, such as danger to others or theft, and not to vet all candidates routinely.
Schools are the clearest case. In England, KCSIE 2026 says schools and colleges should make sure any contractor working there has had the appropriate DBS check: enhanced with children's barred list for regulated activity, enhanced without it for regular contact, and otherwise the school decides whether a basic check is appropriate. Contractors with no checks should never work unsupervised.
For trades working alone in occupied homes, a basic check may be justified if you document the risk: from DBS in England and Wales, a Level 1 disclosure in Scotland or an AccessNI basic check in Northern Ireland. Check only the person you intend to appoint.
Role-based check matrix
Use this as a starting point for your own role matrix. The CDM, gas and electrical rows apply in Great Britain; Northern Ireland has its own equivalent regulations.
| Role or activity | Check | Basis |
|---|---|---|
| Every employee, worker or individual sub-contractor (whole UK) | Right to work check before work starts | Immigration, Asylum and Nationality Act 2006 as amended from 1 October 2026; Home Office employer's guide |
| Contractor using a sub-contract chain for a client | Written right to work terms; identity verification; substitution controls if substitution is allowed | Extended liability, section 15A of the 2006 Act; Home Office guide section 3 |
| Any worker appointed to a construction site | Skills, knowledge, training and experience | CDM 2015, regulations 8 and 15(7); HSE L153 |
| Gas work on fittings or service pipework | Business in HSE-approved class; Gas Safe registration and competences for domestic gas work | Gas Safety (Installation and Use) Regulations 1998, regulation 3; HSE |
| Electrical work | Technical knowledge or experience to prevent danger, or appropriate supervision | Electricity at Work Regulations 1989, regulation 16; HSE |
| Contractors at a school or college in England | DBS check at the level KCSIE sets; identity check on arrival | KCSIE 2026, paragraphs 368 to 373 |
| Working within and for government | BPSS | Cabinet Office BPSS Version 7.0 |
| Trades working alone in occupied homes | Basic criminal record check, for a documented risk | ICO vetting guidance (draft) |
What to tell the candidate
- Tell candidates and sub-contractors early which checks the role needs, why, who will see the results and how long you will keep them.
- Check everyone's right to work in the same way, and accept any valid method the person chooses.
- Explain any identity checks on site, such as passes or facial recognition, and why you use them.
- Ask for criminal record information only where the site or role justifies it, and only for the person you intend to appoint.
- Give people a chance to explain anything that does not match what they told you, and record your decision.
Sources
- Right to work checks: an employer's guide · GOV.UK (Home Office)
- Employer's guide to right to work checks: 1 October 2026 · GOV.UK (Home Office)
- Penalties for employing illegal workers · GOV.UK
- The Construction (Design and Management) Regulations 2015, regulation 8 · legislation.gov.uk
- The Construction (Design and Management) Regulations 2015, regulation 15 · legislation.gov.uk
- Contractors: roles and responsibilities · HSE
- Managing health and safety in construction (L153) · HSE
- The Construction (Design and Management) Regulations (Northern Ireland) 2016 · legislation.gov.uk
- The Gas Safety (Installation and Use) Regulations 1998, regulation 3 · legislation.gov.uk
- Gas safety: frequently asked questions · HSE
- The Electricity at Work Regulations 1989, regulation 16 · legislation.gov.uk
- Electrical safety: frequently asked questions · HSE
- UK Government Baseline Personnel Security Standard, Version 7.0, June 2024 (HTML) · GOV.UK (Cabinet Office)
- National security vetting: clearance levels · GOV.UK (United Kingdom Security Vetting)
- Keeping children safe in education 2026 · GOV.UK (Department for Education)
- Pre-employment vetting of candidates · ICO
- Check someone's criminal record · GOV.UK (Disclosure and Barring Service)
- Disclosure levels · mygov.scot
- Types of AccessNI checks · nidirect
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
Checks by role
Required or expected
- Every employee, worker and, for arrangements made from 1 October 2026, individual sub-contractor: a right to work check before work starts.
- Contractors delivering a client contract through sub-contractors: written right to work terms and identity verification in place before the work starts, plus substitution controls where a contract allows substitution.
- Every worker you employ or appoint to a construction site: enquiries into skills, knowledge, training and experience.
- Gas work on fittings or service pipework: confirmation that the business is in the HSE-approved class and the engineer holds the right competences.
- Contractors working at a school or college in England: the DBS level KCSIE 2026 sets, and an identity check on arrival.
- Electrical work where technical knowledge or experience is needed to prevent danger (Great Britain): evidence the person has that knowledge or experience, or appropriate supervision.
Depends on the role
- People working within and for government: BPSS, where the contracting organisation requires it.
- Unescorted access to establishments assessed to be at particular risk from terrorist attack: a counter terrorist check, for posts that meet the criteria.
- Trades working alone in occupied homes or with access to valuables: a basic criminal record check, if you document the risk.
Rarely justified
- Blanket criminal record checks on every site operative.
- Treating an industry certification card as the only evidence of competence.
- Credit checks on trades or site staff.
Questions
Something else? Ask us.
Do we have to check the right to work of our sub-contractors' workers?
The sub-contractor that directly engages them remains responsible for the check. But if you deliver a client's contract through sub-contractors, you need the prescribed written terms and identity verification in place before work starts, plus substitution controls where a contract allows substitution, to have a statutory excuse against extended liability.
Is an industry skills card enough to show competence?
Not on its own. HSE's L153 guidance says sole reliance should not be placed on industry certification cards or similar. Nationally recognised qualifications such as NVQs and SVQs can provide assurance, but training alone is not enough, so also ask about experience.
Do workers going into schools need DBS checks?
In England, KCSIE 2026 says schools and colleges should ensure contractors have the appropriate level of DBS check, which depends on whether they are in regulated activity or have regular contact with children. Otherwise the school decides whether a basic check is appropriate, and it should check each contractor's identity on arrival.
How do we check a gas engineer's registration?
HSE says the engineer's competences are marked on the back of their Gas Safe Register ID card, and you can check with Gas Safe Register by phone or online. If you employ engineers, the law requires your business to be in the HSE-approved class before you let them do gas work on fittings or service pipework.
Related checks
- Right to work checks: who to check and how from October 2026 Who needs a right to work check from 1 October 2026, including workers and sub-contractors, how each of the three methods works and follow-ups.
- Qualification checks: verifying degrees and professional qualifications How UK employers can verify degrees and professional qualifications fairly, which official routes exist, and when a qualification check is required.
- BPSS checks: the Baseline Personnel Security Standard explained Who needs BPSS, the four checks in version 7.0, the three-year employment history and gaps rule, and why BPSS is not SC or DV security clearance.
- Criminal record checks for employers Which criminal record check a role can lawfully have in England, Wales, Scotland and Northern Ireland, and how to run it fairly.
- Identity and address verification for employers What an employee identity check proves, how it differs from right to work, certified digital ID services, false documents and when to verify an address.
Sector guides
- Pre-employment checks for the public sector and government suppliers BPSS, who decides on security clearance, checks for government suppliers, Civil Service nationality rules, police vetting and DBS levels for public roles.
- Pre-employment checks in schools and colleges KCSIE 2026 checks for schools and colleges in England, the single central record, supply staff and volunteers, and the rules in Wales, Scotland and NI.
- Background checks in security and facilities management SIA licensing under the Private Security Industry Act 2001, what the SIA checks, BS 7858 screening, and checks for facilities staff on sensitive sites.
- Background checks for recruitment agencies and staffing businesses What the Conduct Regulations require agencies to confirm, who does right to work and DBS checks for agency workers, and what hirers should ask for.
Guides
- Which pre-employment checks are mandatory, and which are optional? A role and sector matrix of UK pre-employment checks: which the law requires, which a regulator expects and which are optional.
- The UK background screening checklist for employers A stage-by-stage background screening checklist for UK employers: who owns each step, what to record, and when to delete it.
Related answers
- How do employers carry out right to work checks? Before someone starts work, employers should carry out one of three prescribed checks: a manual check of original documents, a Home Office online check using a share code, or a check through a registered right to work digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.