Lana Oconnell
Whether or not to pay work experience students is a complex question that depends on several factors. Work experience students' rights will depend on their employment status, the terms agreed with the employer, and the laws and regulations in their specific country or region. In some cases, work experience may be legally required as part of a student's education, and they may not be entitled to payment. However, if the work experience involves regular paid work, the individual may qualify as an employee and be eligible for the National Minimum Wage or similar standards. It is essential for businesses to understand their obligations and determine whether the work experience student is considered an employee to make an informed decision about payment.
| Characteristics | Values |
|---|---|
| Legal obligation to pay work experience students | No |
| Minimum wage entitlement | Depends on the student's employment status |
| Written agreement | Recommended |
| Health and safety obligations | Yes |
| Travel and lunch expenses | Recommended |
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What You'll Learn
Work experience students' rights
Whether you are in education, volunteering or working, you have rights. If you are doing an internship, placement, or work experience, knowing your rights will ensure that you are not taken advantage of.
If you are doing work experience as a student on a placement that is a required part of your further or higher education course in the UK, you are not entitled to the National Minimum Wage. However, if you are doing work experience and are classed as a 'worker', you are entitled to the National Minimum Wage. This also applies to internships. If you are doing work experience and are under the school leaving age, you are not entitled to the National Minimum Wage.
If you are doing work experience and are treated as an employee, you should be covered by your employer's insurance. This means that all existing regulations for the protection of persons at work will apply equally to you. Your employer may also be required to take out Employers' Liability insurance for the duration of your work experience if they do not already have it.
If you are doing work experience and are treated unfairly, you can make a "pay and work rights complaint" to HM Revenue & Customs (HMRC). If you are an international student doing work experience in Australia, you can contact the Fair Work Ombudsman for help with workplace issues without fear of your visa being cancelled.
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Employers' obligations
If you are an employer offering work experience, it is your responsibility to determine whether the student is considered an employee or not. This is vital to knowing whether they are entitled to a minimum wage, the National Employment Standards, and the entitlements specified in any applicable Modern Award or registered agreement.
In the UK, someone doing work experience has the right to be paid at least the National Minimum Wage, unless they are a student on a placement as part of a further or higher education course in the UK, where the work experience is compulsory and does not last more than one year. In this case, they are not entitled to the National Minimum Wage. However, their travel and lunch expenses should be covered.
In Australia, a vocational placement is lawfully unpaid when it meets the following criteria: the student must be required to do a placement as a compulsory part of their education, and there is no requirement for the student to be paid for the work undertaken. Health and safety obligations also apply to students on work placements, and businesses should carry out a risk assessment, especially if the student is under 18, in which case their parents should be informed of the results.
It is good practice to have a written agreement in place, which clarifies what is expected of both parties. This should cover payment, expenses, working hours, and learning objectives.
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Payment exceptions
There are several exceptions to the rule that work experience students should be paid. Firstly, if the student is under the age of school leaving age, they are not entitled to the National Minimum Wage. Additionally, if the work experience is a part of a further or higher education course in the UK, the student is not entitled to the National Minimum Wage as long as the placement lasts less than a year and is completed before the course ends.
Another exception is if the work experience only involves shadowing an employee and no actual work is carried out by the student. In this case, the employer is not required to pay the minimum wage. This is because the purpose of the placement is to provide industry-related work experience rather than to have the student undertake profitable work for the company.
It is important to note that even if a student is not entitled to payment, they still have certain rights and protections. For example, health and safety obligations apply to students on work placements, and businesses should carry out risk assessments to ensure their safety. Additionally, a written agreement can help clarify expectations and rights, such as expenses and working hours, even if payment is not involved.
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Employment status
The employment status of work experience students in the UK and their entitlement to the National Minimum Wage (NMW) or National Living Wage (NLW) depend on several factors.
Firstly, individuals of compulsory school age undertaking work experience are not entitled to the NMW. However, those above compulsory school age who remain in full or part-time education are entitled to the minimum wage unless they are doing a work placement as a required part of their studies.
Secondly, the nature of the agreement or arrangement between the organisation and the individual determines their employment status. It is not based on their job title, the type of work, how the work is described, or the profession or sector. If the individual is deemed a worker for minimum wage purposes, the organisation must pay them at least the minimum wage, and failure to do so is against the law.
Thirdly, certain exemptions apply. For instance, students performing work unrelated to their course to finance their studies or during a gap year are not exempt from the minimum wage. However, participants in specific government schemes or programmes and EU Lifelong Learning Programmes are exempt from the minimum wage if the organisation is a charity, voluntary organisation, associated fundraising body, or statutory body.
Finally, internships, often referred to as work placements or work experience, are usually paid periods of work experience. If an intern does regular paid work, they may be considered an employee with employment rights. Additionally, interns are entitled to the NMW if they meet the definition of a worker, such as being promised a contract of future work. However, students required to undertake internships for less than a year as part of a UK-based further or higher education course are not entitled to the NMW.
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Written agreements
While employers are not legally obligated to pay work experience students, having a written agreement in place can help clarify expectations and rights for both parties. This agreement should cover various aspects of the work experience, including payment, expenses, working hours, and learning objectives.
A written agreement ensures that the work experience student understands their rights and entitlements and can serve as a reference point in case of any misunderstandings or disputes. It is important to note that even if there is no expectation of payment, the student's travel and lunch expenses should be covered by the employer so that they are not out of pocket.
The written agreement should also outline the working hours expected of the student and any breaks they are entitled to. This is especially important for students who may be balancing their work experience with other commitments, such as part-time jobs or academic studies. By agreeing on a clear schedule, both the student and the employer can ensure that the work experience is a productive and beneficial arrangement.
Additionally, the written agreement should detail the learning objectives of the work experience placement. This may include the specific tasks and responsibilities that the student will undertake, as well as any opportunities for mentorship or skill development. By setting clear goals, the student can make the most of their time with the organisation and gain valuable experience that aligns with their career aspirations.
Having a written agreement in place not only protects the rights of the work experience student but also demonstrates the employer's commitment to providing a fair and educational environment. It encourages open communication and ensures that both parties are on the same page regarding expectations and responsibilities. This can help foster a positive relationship and enhance the overall work experience opportunity.
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Frequently asked questions
Employers are not legally obliged to pay work experience students. However, it is recommended that employers cover the travel and lunch expenses of their work experience students so that they are not out of pocket.
Work experience students have the right to be paid a minimum wage if they are classed as a 'worker'. However, students on a placement as part of a further or higher education course in the UK who have to do the work experience as part of their course, do it before their course ends, and do it for less than a year are not entitled to the minimum wage.
The purpose of the work experience is a determining factor. If the student is doing more than observing and is conducting work that is normally done by another employee, they are more likely to be considered an employee and entitled to payment. Another factor is the significance of the work to the business. If the work is highly significant, the student is more likely to be considered an employee and entitled to payment.
Paying work experience students can help to ensure equal treatment and prevent feelings of being taken advantage of. It can also provide a source of income for students to support themselves during their placement.
Not paying work experience students could lead to legal issues if it is determined that they are entitled to payment under employment laws. It could also create a negative reputation for the employer and deter potential future work experience students.
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