unlawful work trial days

[alison49]

Hi just after advice really
So I had an interview for housekeeper role in pub b&b where I was told at that time they had 1x housekeeping positions available as only one required for entire b&b I was shown the rooms I'd be cleaning etc but id be contacted to do a days trial ok I said 4/5 wks passed I heard nothing now unknown to me they've actually hired someone else as housekeeper still said nothing to me and last week emailed me to return to speak about what's being offered in those exact words on my return theyv expected me to work with existing cleaner to help do her workload and said that's my trial day, how can it be a trial day when another person is already employed for that one role then told to return next day to do work I'd be emailed that night confirming didn't receive any emails from anyone so I went to work as I was told to then saying I'm not being paid because I arrived at work uninvited I was told to return infront of the other cleaner its doing my head in I'm furious at myself for doing work but I didn't want to miss a supposed opportunity have they acted illegally or am I just stupid

That sounds really annoying and slightly strange. I suggest calling ACAS for specific, free advice.

Regrettably, I can't see that you have anything to go on. Even if the cleaner is willing to act as a witness against their own employer, by your own version of events, they are going to say that you were told to attend but that you would be sent an email confirming this. You weren't sent an email confirming this, so why did you turn up?

I don't think you were stupid, but I think you will struggle to prove that they acted illegally, because there is no evidence that they contracted the work with you.

Well the second day isn’t an issue because they didn’t allow you to work, they sent you home. Poor communication but that’s not unlawful.

Unpaid work trials aren’t unlawful as long as they are genuinely part of the recruitment process. Up to a day would probably be ok, and the expectation is that the person would be observed, and would be doing the tasks they’d be doing if they got the job, so it’s a genuine test.

Working alongside an existing cleaner sounds consistent with that, so the only issue is whether they were no longer recruiting and were just using you to give the other cleaner a hand.

Did you ask them why they were getting you in for a trial when they already had someone? They could have changed their mind about only having one position.

Unpaid work trials are so open to abuse by unscrupulous employers. I was once asked to do one and refused. If I'm going to work, I want to get paid for it. Its not like its hard to get rid of someone in the first few days if they turn out to be rubbish anyway!