How to Get BS7858 Employment Gap Checks Right: A 5-Step Guide
Under BS7858:2019, any gap of more than 31 days in a candidate's five-year employment history must be verified with documentary evidence, not just explained. That means matching the evidence to the reason for the gap, covering the full period, and using a statutory declaration only as a last resort.
You've completed the identity check, the right to work check and the credit search. The references are in. Then the file comes back from audit because a seven-week gap in 2022 was covered by a candidate's explanation and nothing else.
Employment gaps are one of the most common causes of rework in BS7858 screening. The rule itself is simple. Applying it consistently, for every candidate, is where screening teams often struggle.
Our guide to BS7858 covers the essentials, from identity and right to work to credit, criminal record and five years of employment history. This guide is narrower and more practical. It focuses on the 31-day gap rule and the five steps that help keep gaps out of your audit findings.
What Counts as an Employment Gap Under BS7858?
BS7858 requires a continuous record of a candidate's activity over the screening period, which is at least the last five years (ten where a longer period is required), or back to age 16 if that is more recent. Any period of more than 31 days that isn't covered by verified employment, education or another evidenced activity is a gap.
Three points catch screening teams out:
It's calendar days, not working days
A gap from 1 March to 4 April is 35 days and needs evidence, even if it feels like "about a month".
Size doesn't change the requirement
A 33-day gap needs the same standard of evidence as a nine-month one.
Dates on paper don't always match
HMRC payroll dates can differ from contracts or references, which can change a gap’s length. Confirm dates first.
5 Steps to Verifying BS7858 Employment Gaps
Step 1: Confirm the exact dates and flag every gap before you request anything
Build gap-checking into the employment history stage itself, rather than reviewing for gaps once references are back.
The quickest way to pin down exact dates is to ask the candidate for their HMRC employment history at the start of screening. It lists each employer with start and end dates, so you know precisely which periods need covering. Then apply the 31-day threshold as a fixed rule, not a judgement call.
Step 2: Match the evidence to the reason for the gap
The evidence needs to support the reason the candidate gives. A document that proves one type of gap won't prove another, and a mismatch is a common reason a file is sent back.
Reason for the gap | Examples of acceptable evidence |
Unemployment, receiving benefits | A letter from the DWP (or the Department for Communities in Northern Ireland) confirming benefit payments or non-employment status; bank statements showing benefit payments |
Unemployment, no benefits | Evidence of job applications and interviews attended; dated job offer letters |
Travel | Visas, passport stamps, travel tickets, or bank statements showing overseas transactions |
Maternity or parental leave | A birth certificate dated within the period; a child benefit award notice |
Education or training | A letter from the institution confirming enrolment and dates; certificates or transcripts |
Caring responsibilities | Evidence of Carer's Allowance or other allowances received |
Voluntary work | A letter on the organisation's headed paper confirming the role and dates |
One thing that no longer works: character references. Under BS7858:2019, a personal reference on its own isn't acceptable evidence for a gap. Candidates still offer them, so make this clear early on.
Step 3: Cover the whole period, not a single point in time
A single document, however credible, only proves where a candidate was on one date. It doesn't show what happened across the rest of the gap.
Best practice is evidence dated at the start of the gap and at the end of it. Many screening teams also ask for two different types of document, for example a DWP letter for the start and a bank statement for the end. For longer gaps, a document from the middle of the period adds further confidence.
Step 4: Treat statutory declarations as a last resort
Where a candidate genuinely can't provide acceptable evidence, a statutory declaration is an accepted fallback. It must be made before a solicitor, commissioner for oaths, notary public or justice of the peace.
The limits are strict. A statutory declaration can only cover:
One unverified period of no more than six months in the most recent five years.
For ten-year screening, unverified periods in the earlier years totalling no more than six months in any five-year period.
The Standard also says statutory declarations should only be used with the prior documented approval of top management. Annex A includes a form you can use to record it. Use statutory declarations sparingly. If they turn into the default because chasing documents takes time, they become the reason a file doesn't pass audit.
Step 5: Build it into your process, not your memory
Most gap-check failures aren't caused by a lack of knowledge. They're caused by relying on one person to remember every rule, for every candidate, every time.
A documented, repeatable process reduces that risk. So does a screening platform that flags gaps against the 31-day threshold and prompts candidates for the right evidence as they complete their history.
Common BS7858 Gap Check Mistakes
Accepting an explanation without evidence. A plausible reason still needs documents behind it.
Using a character reference to cover a gap. No longer acceptable under BS7858:2019.
Relying on one document. It proves a single date, not the whole period.
Using the same document type for the start and end of a gap. Two payslips, or two statements from the same bank account, carry less weight than two different sources.
Missing short gaps. Gaps of just over a month are the easiest to overlook, especially when dates come from different sources.
Defaulting to statutory declarations. They have a strict six-month limit, need top management approval and should be the exception, not the rule.
What Happens While a Gap Is Still Outstanding?
BS7858 allows conditional employment to begin while parts of the screening are still being completed, once limited screening is done. Full screening must then be completed within 12 weeks of the start date for five-year screening, or 16 weeks for ten-year screening. Top management can approve an extension of up to four weeks. The gap still has to be closed within that time. If it can't be, the candidate shouldn't continue in a screened role.
Quick Recap
Confirm exact dates early, ideally with HMRC employment history, and flag every gap over 31 calendar days
Match the evidence to the reason given for the gap
Cover the start and end of every gap, ideally with two different document types
Don't accept character references as gap evidence
Keep statutory declarations within the six-month limit, get top management approval and use them as a last resort
Build the check into your process rather than relying on individual memory
How VettingGateway Helps
Getting BS7858 employment gaps right shouldn't depend on one person remembering every rule. VettingGateway's Milestones feature lets you set the checks and conditions for limited screening and notifies you when they're complete, so conditional employment doesn't drift past its deadline. Gap evidence sits alongside the rest of the BS7858 process in one place, so your team can spend less time chasing documents and more time making confident decisions.
VettingGateway supports HR and compliance teams with background checks from BS7858 and HMRC to Right to Work and employer references.
Frequently Asked Questions
Does BS7858 require employment gaps to be explained or verified?
Verified. Any gap of more than 31 days in the screening period needs documentary evidence that supports the candidate's explanation.
How many documents do I need to verify an employment gap?
Best practice is at least two, dated at the start and end of the gap and ideally from different sources. For gaps of several months, add a third from the middle of the period.
Is the 31-day rule based on calendar days or working days?
Calendar days. Weekends and bank holidays count towards the total.
Can a character reference cover an employment gap?
No. Under BS7858:2019, character references are no longer accepted as evidence for gaps. Candidates need to provide documentary evidence instead.
How long can a statutory declaration cover under BS7858?
One unverified period of up to six months in the most recent five years. For ten-year screening, earlier years can also include unverified periods totalling no more than six months in any five-year period. Top management must approve its use in advance.
Can a candidate start work before their employment gaps are verified?
Yes, on conditional employment once limited screening is complete. Gaps must still be verified within 12 weeks for five-year screening or 16 weeks for ten-year screening, with up to four weeks' extension if top management approves.
Can HMRC employment history help with gap checks?
Yes. HMRC records confirm employment dates reported through payroll, which helps you identify exactly where gaps fall. They don't show the reason for a gap, so you'll still need evidence for that.
See how VettingGateway handles BS7858 screening.
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Written by Maia Comley · Last reviewed 20/10/2026
This article is general guidance based on BS7858:2019 and isn't legal advice. Always refer to the current Standard and your certification body for your specific obligations.