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Unpaid work trial

8 replies

IthinkIsawahairbrushbackthere · 09/09/2018 16:51

My daughter is in her 20's. She has been working with a zero hours contract but at the beginning of the summer she was offered a 6 week internship overseas which she jumped at. When she came back she was offered a very different sort of job that she thought could lead to qualifications and decent career prospects on the basis of a 4 week trial (two shifts a week). There was no mention of pay but she assumed it would be minimum wage.

At the end of the 4 weeks she was told that she would be employed as an apprentice with apprentice wages for 16 hours per week.

She did 2 shifts on this basis but when we looked into apprenticeships it was apparent that this was not acceptable - only in exceptional circumstances (such as disability) could you work those hours. Otherwise an apprenticeship should be for a minimum of 30 hours per week.

She spoke to the business owner and said she would no longer be working there. He was disappointed but there was no contract, no agreement and she walked away. He made no mention of paying her either for the two shifts she had done as an apprentice or the eight shifts she had done previously.

So since the beginning of August she worked a total of 80 hours for the business under the reasonable expectation in the first four weeks that she would be paid minimum wage. She was embarrassed to raise the question of wages but assumed that the business owner was honourable and would be paying her at the end of the month which, of course, he didn't. And, to add insult to injury, the job is now being advertised on job sites at minimum wage!

I appreciate that money should have been discussed from the start but she assumed that she would be receiving minimum wage. She was asked to work, she didn't approach the business looking for "experience". Can it be right that someone can offer employment but expect you to work for 64 hours on a trial basis?

Is there any legislation that covers a situation such as this?

OP posts:
GertrudeCB · 10/09/2018 20:28

Work trials are covered by Nmw legislation. Get some legal advice.

IthinkIsawahairbrushbackthere · 10/09/2018 21:23

Thank you for replying. She has written to him setting out the hours she worked and expressing her expectation that she would be paid minimum wage and giving him a week to pay her. Hopefully when he sees that she is aware of her rights and is not going to go away he will do the decent thing.

OP posts:
prh47bridge · 10/09/2018 21:36

Work trials are covered by Nmw legislation

It is not that clear cut. The relevant legislation allows for work to be unpaid for an individual who is involved in a scheme for seeking or obtaining work or that is designed to provide work experience, training or temporary work. ACAS say that the law is incredibly unclear but that businesses can use unpaid trial shifts provided they are part of a genuine recruitment process and don't constitute more than a few hours work.

IthinkIsawahairbrushbackthere · 10/09/2018 22:27

She worked 80 hours! She assumed it would be the same as a probationary period.

OP posts:
prh47bridge · 10/09/2018 22:44

I understand that. But the law is unclear. It really needs some cases to go to court to establish exactly how the relevant legislation should be interpreted.

IthinkIsawahairbrushbackthere · 11/09/2018 07:18

Oh boy! I can't see us doing that. Hopefully he will respond positively to her letter. I

We've been googling all weekend and drew a blank after the Private Members Bill that was brought by the SNP MP.

OP posts:
Nacreous · 11/09/2018 07:22

I think you can take it to an employment tribunal if they refuse to pay. I believe these are free now, so worth a punt. Check the ACAS website:

m.acas.org.uk/index.aspx?articleid=1366

TittyGolightly · 11/09/2018 07:23

She assumed

Confused
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