Unpaid internships have long been a topic of controversy in the UK. Many students and graduates often seek these opportunities to gain valuable experience, while employers benefit from a source of eager, low-cost labour. However, many graduates or students may be nervous to apply for internships due to fear of being taken advantage of or that all internships are unpaid. The question of whether UK unpaid internships are legal or illegal remains a complex and debated issue, and this article aims to shed light on the subject.
Legal Framework for Unpaid Internships in the UK
The primary factor that determines the legality of unpaid internships in the UK is the individual's employment status. The UK has a well-established legal framework that distinguishes between different categories of workers:
Employee: Individuals who provide services to an employer in exchange for compensation, such as wages, are considered employees. They are entitled to employment rights, including the National Minimum Wage (NMW) or National Living Wage (NLW).
Worker: Workers have a limited set of employment rights and are typically entitled to the NMW or NLW. This category may include some unpaid interns.
Volunteer: Individuals who work for charitable or voluntary organizations without the expectation of compensation are considered volunteers. They are not entitled to the NMW or NLW.
Understanding the Legal Status of Unpaid Interns
The legal status of unpaid interns in the UK depends on whether they qualify as workers or volunteers:
Workers: Unpaid interns are considered workers if they meet certain criteria. If an intern is expected to perform work personally and cannot send a substitute, and they have a mutuality of obligation (meaning the employer must provide work, and the intern must perform it), they are likely classified as workers. In this case, they are entitled to receive at least the NMW or NLW for the work they perform.
Volunteers: If an intern is genuinely volunteering their time and is under no obligation to perform specific tasks, they are not considered workers and are not entitled to the NMW or NLW.
Factors that Determine the Legal Status
Several factors can influence whether an unpaid intern is classified as a worker or a volunteer:
Supervision and Control: The level of supervision and control exercised by the employer over the intern can be a crucial factor. If the intern has significant freedom and control over their work, they are more likely to be classified as a volunteer.
Length and Purpose: The length of the internship and its educational or training nature can also play a role. Short-term, structured internships with a clear educational focus are less likely to be considered work.
Job Descriptions: How the internship is presented in job descriptions and contracts can affect its legal status. If the position is framed as a job and the intern's role is indistinguishable from that of a paid employee, it may indicate worker status.
Expectation of Payment: If the intern has a reasonable expectation of being paid for their work, they are more likely to be considered a worker.
The Government's Stance
The UK government has taken steps to combat the exploitation of unpaid internships. In 2017, the government issued guidelines emphasizing that individuals who work as interns and perform tasks that would otherwise be done by paid employees should be paid at least the NMW or NLW. While these guidelines are not legally binding, they have influenced how unpaid internships are perceived and regulated in practice.
In conclusion, the legality of unpaid internships is contingent upon the individual's employment status. Unpaid interns who meet the criteria for workers are entitled to the NMW or NLW. While the government has taken steps to discourage unpaid internships that exploit workers, the issue remains complex, and interns, employers, and policymakers must navigate the legal landscape with care. While internships can be a great way to gain experience in a chosen field, it’s important to make sure you are not being taken advantage of.
Discover internships available on our website here
We don’t advertise unpaid roles so start the search today and find the perfect internship for you! Whether you are looking to gain more experience or deep your toes in a new industry, we have something for everyone.