To ask the Secretary of State for Business and Trade, what data her Department holds on the number of people who have undertaken unpaid trial shifts in (a) England and Wales and (b) Scotland in each of the last five years.
Answered on
4 December 2023
Minimum wage legislation prohibits unpaid work trials that are excessive and not part of a genuine recruitment process. An unpaid trial work period lasting a few hours may be reasonable and legal. This is because the main purpose would be to test the individual, and what is done would probably have little or no other value to the employer. However, an unpaid trial lasting more than one day is probably illegal in all but exceptional circumstances.
DBT does not hold information about the number of people who have undertaken unpaid trial shifts in England, Wales and Scotland in each of the last five years.
If someone has undertaken an unpaid work trial and thinks they should have been paid NMW, they can call the ACAS helpline or make a complaint to HMRC.