When is it considered lawful and reasonable?
There can be several reasons that unpaid work takes place. This can include things like internships, work experience, trials, vocational placements and typically it is to give a person job/industry experience, provide training on certain skills as part of formal programs to ultimately obtain a job. This can also include volunteer work.
You might be wondering, is this lawful? And the answer is yes, but only in very particular circumstances. You have to be careful that it doesn’t tip into employee territory. Below is a summary of the different types of unpaid work and when you can expect to see them used.
Unpaid Trials
Unpaid trials are often used to assess an individuals ability to perform a role. This is sometimes called a work trial. This can only be used where a level of skill is required to demonstrated as part of the recruitment process. Trials also need to be kept short, usually an hour or sufficient time to demonstrate the skills required for the role. You couldn’t for example ask someone to work 3 hours a day for one week to show their abilities.
A lawful unpaid trial could include a mechanic showing he has in-depth knowledge of a car and is supervised and quizzed to ensure he meets the criteria for the role.
An example of an unlawful unpaid trial could include a teenager applying for a barista role and being asked to work several shifts as a barista with little to no supervision, essentially being treated as an employee, before officially being offered the role.
Student Placements
Student placements are an essential part of some university degrees, nursing as an example. They allow students to gain the skills and knowledge they will require in the job whilst they shadow people who are already employed in those roles. The key thing to factor in here to ensure it is lawful is that the placement is a requirement to complete the course, and it must be approved by the overseeing institution before commencing.
Student placements are typically longer term, ranging from a few weeks to a few months. Some students will undergo several placements over the course of their studies.
Work Experience & Internships
Similar to a placement, work experience and internships can be used to provide real-life training to a student or recent graduate. The difference is that it is not necessarily a requirement of the course.
With work experience and internships it’s important to ensure that the individual isn’t performing duties that benefit the business or are typically performed by an employee. This could be seen as an employment relationship which would require payment. You also need to factor in who is benefitting from the relationship; if it is the business then you may need to redefine the responsibilities to ensure they aren’t being taken advantage of. Their duties should be limited to shadowing and observing people within the organisation to learn valuable skills.