Background checks for recruitment agencies and staffing businesses
In England, Scotland and Wales, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 set the checks. Before supplying a temporary worker, an employment business must confirm their identity and the qualifications and authorisations the role needs. For a role working with, caring for or attending a vulnerable person, including anyone under 18, it must also obtain two references from non-relatives and take all other reasonably practicable steps to confirm suitability. Northern Ireland has its own 2005 Regulations with equivalent duties.
In a standard supply arrangement, the employment business is the employer for right to work purposes, and the Home Office does not intend hirers to duplicate the check. Since 1 October 2026 the scheme also covers workers' contracts, individual sub-contractors and online matching services. The Fair Work Agency has regulated agencies in Great Britain since 7 April 2026.
What the Conduct Regulations require
Regulation 19 extends to England, Wales and Scotland. An employment business, supplying temporary workers, may not supply a work-seeker until it has confirmed their identity and that they have the experience, training, qualifications and any authorisation the hirer considers necessary or the law or a professional body requires. An agency, finding permanent roles, has the same duty only where the position involves working with, caring for or attending a vulnerable person. Both must confirm the work-seeker is willing to do the job.
Regulation 20 requires both to make reasonably practicable enquiries that the placement would not be detrimental to the work-seeker or the hirer. If an employment business gets information giving reasonable grounds to believe a worker is unsuitable, it must tell the hirer and end the supply without delay, meaning the same day or, where that is not reasonably practicable, the next business day. An agency must pass on such information for 3 months after an introduction.
Regulation 22 adds duties for vulnerable-person roles: obtain copies of relevant qualifications or authorisations and two references from people who are not relatives, offer copies of both to the hirer, and take all other reasonably practicable steps to confirm suitability. If it cannot, it must tell the hirer what steps it took. Where the law or a professional body requires a qualification, an employment business must obtain copies too. A vulnerable person is anyone in need of care or attention because of age, illness, disability or other circumstance, including anyone under eighteen. A work-seeker that is a limited company can opt out of these protections by agreement notified to the hirer, but not for roles working with or attending a vulnerable person.
Northern Ireland
Agencies in Northern Ireland must comply with the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005. Its regulations 19 and 22 mirror the GB confirmations, references and suitability steps. The Employment Agency Inspectorate of the Department for the Economy regulates agencies based in Northern Ireland.
Who checks what between agency and hirer
When proposing a worker, the agency must give the hirer all the information it has on the regulation 19 matters. For assignments of five consecutive business days or less, an employment business can instead give the worker's name and written confirmation that it has complied with regulation 19.
The agency's checks do not remove the hirer's own sector duties. In England, CQC says that where someone else carries out recruitment or checks, the care provider must assure itself that all checks are complete and satisfactory. DfE tells schools they must get written notification from a supply agency that the checks the school would otherwise do have been completed, and organisations using a teacher supply agency must get confirmation that it has done the safeguarding checks.
Our view: put hirer assurance in the contract. Agree who checks what, take up the offered reference and qualification copies for vulnerable-person roles, and record each worker's DBS level and date. The Information Commission (ICO) draft guidance says recruiters are likely to act as controllers in most circumstances, so settle data protection roles too.
Right to work for agency workers
The Home Office says that where an employment business directly engages agency workers and supplies them to work within a hirer's own operations, the employment business is responsible for the right to work check, and the October 2026 changes are not intended to require hirers to duplicate the check routinely.
From 1 October 2026 the scheme covers engaging someone under a worker's contract, individual sub-contractors and online matching services, which keep a register of service providers, match them with clients online and charge for the match. Where it matches an individual who does the work personally, the matching service is their employer for the scheme and does the check. Civil penalties for these arrangements apply only where the employment started on or after 1 October 2026.
Extended liability can apply where a business is under contract to provide work or services to a third party and uses another employer's workers to deliver it. To establish a statutory excuse it must, before the work starts, have a written statement of contract terms (covering right to work checks, subcontracting, audits, enforcement and co-operation with the Home Office) and identity verification in place, plus substitution controls where a contract allows substitution.
DBS checks for workers in regulated activity
DBS eligibility (England and Wales) turns on the duties of the role. Our criminal record checks page explains the levels and who can ask for them. Since 1 September 2026, workers who teach, train, instruct, care for or supervise children often enough, or overnight, can be in regulated activity even if supervised, in England, Wales and Northern Ireland.
Agency workers move between hirers, so the DBS Update Service matters. With the worker's permission and a legal entitlement, an employer, or a third party acting for it, can check a certificate's status free of charge. A new role may need a different level or workforce.
An employment agency or business is a personnel supplier, with a legal duty to refer a worker to DBS where it removes them, or would have removed them, from regulated activity and the referral conditions are met.
The regulator: the Fair Work Agency
On 7 April 2026 the Fair Work Agency replaced the Employment Agency Standards Inspectorate. It regulates employment agencies and businesses in England, Scotland and Wales. Where it believes an offence has been committed it may seek a Labour Market Enforcement Undertaking for up to 2 years, then a court order; the Secretary of State can also seek a prohibition order of up to 10 years for misconduct or unsuitability.
Role-based check matrix
GB rules unless stated.
| Role or activity | Check | Basis |
|---|---|---|
| Any temporary worker supplied by an employment business | Identity, required qualifications and authorisations, willingness | Regulation 19(1) and (3), 2003 Regulations |
| Permanent introduction, no vulnerable-person contact | Agency confirms willingness; hirer runs its own checks as employer, including right to work | Regulation 19(3); Home Office guide |
| Placement working with, caring for or attending a vulnerable person | Identity, qualifications, two references from non-relatives, other suitability steps | Regulations 19(2) and 22(1) to (3) |
| Temporary worker in a standard supply arrangement | Right to work check by the employment business | Home Office guide |
| Individual service provider found through an online matching service | Right to work check by the matching service | Home Office guide, from 1 October 2026 |
| Business supplying services to a client through another employer's workers | Written statement of right to work terms and identity verification before work starts; substitution controls if substitution is allowed | Home Office guide, extended liability |
| Placement in regulated activity (England and Wales) | DBS check at the eligible level, through a registered or umbrella body | DBS employer guidance |
| Supply to a CQC-registered provider (England) | Schedule 3 information; provider assures itself | CQC regulation 19 guidance |
| Supply teacher (England) | Agency safeguarding checks; written notification to the school | DfE guidance |
| Agency based in Northern Ireland | Equivalent confirmations and references | 2005 Northern Ireland Regulations |
What to tell the candidate
- Tell work-seekers which checks you will run, why, which hirers will see the results and how long you will keep them.
- For vulnerable-person roles, get each referee's agreement to disclosure to the hirer.
- A worker on the Update Service decides whether to give permission for a status check.
Sources
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 2 · legislation.gov.uk
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 19 · legislation.gov.uk
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 20 · legislation.gov.uk
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 21 · legislation.gov.uk
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 22 · legislation.gov.uk
- Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005, regulation 19 · legislation.gov.uk
- Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005, regulation 22 · legislation.gov.uk
- Employment Agency Inspectorate · Department for the Economy (Northern Ireland)
- Overview of the Conduct Regulations 2003 · GOV.UK (Fair Work Agency)
- Conduct Regulations 2003: guidance for employment agencies and employment businesses · GOV.UK (Fair Work Agency)
- About us: Fair Work Agency · GOV.UK (Fair Work Agency)
- Employer's guide to right to work checks: 1 October 2026 · GOV.UK (Home Office)
- DBS checks guidance for employers, voluntary organisations and third parties · GOV.UK (Disclosure and Barring Service)
- DBS Update Service · GOV.UK
- Making barring referrals to DBS · GOV.UK (Disclosure and Barring Service)
- Change to the definition of regulated activity with children from 1 September 2026 · GOV.UK (Disclosure and Barring Service)
- Regulation 19: Fit and proper persons employed · Care Quality Commission
- Deal for schools: hiring supply teachers and agency workers · GOV.UK (Department for Education)
- Check a teacher's record · GOV.UK (Department for Education)
- Responsibility for data protection compliance during the recruitment process · ICO
- Pre-employment vetting of candidates · ICO
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 temporary worker: identity, required qualifications and willingness confirmed by the employment business.
- Vulnerable-person placements: qualifications, two references from non-relatives and other suitability steps.
- Temporary workers in standard supply: a right to work check by the employment business.
- Placements in regulated activity: the DBS check the role is eligible for.
- Care providers and schools in England: written assurance that the agency has completed the checks they would otherwise do.
Depends on the role
- Permanent introductions: the hirer runs its own checks as employer.
- Basic DBS checks, only for a documented risk.
Rarely justified
- Hirers routinely repeating the employment business's right to work check.
- Standard or enhanced DBS checks for roles that are not eligible.
- Blanket vetting of everyone on the agency's books.
Questions
Something else? Ask us.
Does the hirer need to check an agency worker's right to work?
Usually not. In a standard supply arrangement the employment business is the employer for the scheme and does the check, and the Home Office says the October 2026 changes are not intended to require hirers to duplicate it routinely.
Does the agency have to take references?
For positions working with, caring for or attending a vulnerable person, yes: two references from people who are not relatives and who agree to disclosure to the hirer. For other roles, an employment business must confirm identity, experience, training, qualifications, any required authorisation and willingness, and an agency introducing someone for a permanent role must confirm willingness. Both must make reasonably practicable enquiries about suitability, but the Regulations do not require references as such.
Can an agency apply for an enhanced DBS check?
Only for a role eligible for one in law, and through a DBS registered body. An agency submitting more than 100 eligible applications a year can register itself; others use an umbrella body. The countersignatory declares that the position is eligible for the level requested.
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.
- 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.
- Employment references: what employers can ask and when When to ask for references, what to ask, the sector rules for care, schools, early years and FCA firms, and how to treat candidates 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.
- 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.
- Professional registration checks: which registers to check and when Which professional registers UK employers should check for nurses, dentists, teachers, solicitors and FCA roles, what each shows and where it applies.
Sector guides
- Pre-employment checks in health and social care in England What CQC regulation 19 and Schedule 3 require, which DBS check each care role can have, professional registers and agency staff checks in England.
- 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 for drivers and logistics staff DVLA licence checks with a check code, Driver CPC, tachograph cards, right to work for couriers, transport security vetting and when DBS checks fit.
- Pre-employment checks in hospitality and retail Right to work at volume, casual and gig staff from October 2026, personal licences for alcohol sales, cash-handling roles and references at scale.
Also covered in our guides for Construction and engineering.
Guides
- 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.
- Do employers need candidate consent for background checks? Why consent is rarely the right lawful basis for UK background checks, what candidates must be told, and where their permission is still needed.
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 is the Fair Work Agency and what does it enforce? The Fair Work Agency is the government body set up on 7 April 2026 to enforce certain workers' rights. It enforces the National Minimum Wage and National Living Wage, regulates employment agencies and businesses, licenses labour suppliers to agriculture and food, tackles serious labour exploitation and penalises unpaid tribunal awards. Holiday pay enforcement is expected to begin in 2027.
- 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.