Call for evidence on unpaid internships launched

As part of the government’s widespread employment law reforms, it has launched a call for evidence on:

• Unpaid internships and internships which are paid below the National Minimum Wage (NMW)
• Unpaid work trials
• Voluntary work, and
• Work shadowing.

The call for evidence launched on 17 July 2025 and concludes on 09 October 2025, with the response expected to be published in January/ February 2026.

What is the current law?

The law does not currently define an ‘intern’, ‘trial work period’, ‘volunteer’ or ‘work shadowing’.

However, a ‘worker’ is defined in legislation as an individual who has entered into or works under (or, where the employment has ceased, worked under) either of the following:

• A contract of employment, or
• Any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.

If the above criteria are satisfied, the individual will be classed as a worker.

Why is that important?

If an individual is classed as a ‘worker’ under law, they have certain employment rights and entitlements. The legislation is clear that all workers (excluding a clear list of exemptions) are entitled to at least the NMW.

What does this mean for interns?

An internship is a period of work experience typically undertaken by young people to gain relevant skills. It is already a legal requirement for interns to be paid at least the NMW if they are classed as a ‘worker’.

However, the government is concerned about examples of some employers not complying with this requirement. It is committed to banning unpaid internships (unless they are part of an educational course) and wants to understand what is needed to clamp down on non-compliance with the law.

The call for evidence seeks to understand in which circumstances interns are not being paid or are being paid below the NMW and the reasons for this.

What does this mean for unpaid work trials?

As part of a recruitment process, an individual may be asked by a prospective employer to carry out tasks, without payment, to help the employer to decide whether the individual has the skills and qualities required for the job.

Often this will be a legitimate practice. However, under current law, if an employer asks an individual to carry out a ‘trial’, ‘test’ or ‘recruitment exercise’, the individual may be classed as a ‘worker’ and entitled to the NMW.

Whether they are classed as a ‘worker’ will depend on the circumstances. However, factors that will be considered include the length of the trial, whether it is genuinely for recruitment, the nature and value of the tasks, and whether the trial is used to reduce labour costs.

Given the number of work trials and the potential for detriment, the government is keen to understand any potential issues with paid and unpaid work trials, including the scale of any issues, and the types of jobs and sectors affected.

What does this mean for voluntary work?

The term ‘voluntary worker’ has a specific meaning for NMW purposes.

There are specific requirements under NMW legislation for an individual to meet the definition of a ‘voluntary worker’. If they satisfy those requirements, they will be classed as workers, however, they generally do not qualify for the NMW. Where the requirements are not met, for example because they are paid more than just a reimbursement of their expenses, they may be entitled to the NMW.

The government is unaware of any specific issues related to voluntary workers. However, given the limited evidence in this area, it is using the call for evidence to understand how organisations engage and deploy voluntary workers.

What does this mean for volunteers?

Volunteers are entitled to be paid the NMW if they are classed as a worker (and are not ‘voluntary workers’ under the NMW). However, generally they will not fall within the definition of worker if they have no form of contract of employment or contract to perform work or provide services and receive no financial remuneration or benefits in kind for providing their services (other than reimbursement of reasonable expenses).

The government is unaware of specific issues relating to volunteers. However, it recognises that sometimes volunteers can be conflated with other, similar roles, such as internships. Given the limited evidence in this area, the government is using this call for evidence to understand how organisations engage and deploy volunteers.

What does this mean for work shadowing?

The government suggests that someone who is work shadowing should only be observing others perform work (or observing other duties as agreed between the individual who is work shadowing and the employer) but they should not perform work. If they do not perform work they will not meet the definition of a worker, and so will not be entitled to the NMW.

The government is unaware of specific issues related to work shadowing. However, given the limited evidence in this area the government is using the call for evidence to gather data on how work shadowing operates in practice, and the potential benefits and drawbacks of these arrangements.

What does this mean for employers?

In short, nothing for now unless the employer wishes to respond to the call for evidence (which can be found at Making Work Pay: call for evidence on unpaid internships - GOV.UK). However, the government has been clear that it wants to crack down on non-compliance with NMW obligations and this call for evidence will help shape any potential changes to legislation that it imposes. Employers currently engaging interns or other unpaid roles (or roles paid at less than the NMW) should consider whether they qualify as workers entitled to the NMW, and seek legal advice as appropriate.