The UK government has launched a Call for Evidence seeking views on banning unpaid internships (except those tied to formal education) and strengthening protections for people in similar unpaid roles. We explore the scope of the Call for Evidence and recommend practical steps employers can take now to ensure compliance.
Despite existing laws requiring employers to pay interns classed as “workers” at least the National Minimum or Living Wage, evidence suggests some employers still expect free labour. The government argues this undermines fair access to career opportunities, with those from less advantaged backgrounds most affected.
The government intends to prohibit unpaid internships except where they are part of an educational or training course. This is to ensure that all work is fairly compensated and to prevent exploitation, particularly of young people who may otherwise be unable to access career opportunities due to financial constraints.
This Call for Evidence seeks to understand in which circumstances employers do not pay interns, or pay them below the National Minimum Wage, and the reasons for this.
Scope of the consultation
The Call for Evidence covers:
- Unpaid internships and internships paid below the legal minimum: While “intern” is not defined in UK law, National Minimum Wage legislation prohibits unpaid work. Interns must be paid at least the National Minimum Wage if their duties mean they are classed as “workers” under employment law. There is limited data on internships, particularly those that are unpaid or paid below the minimum wage, making it difficult to assess the scale of the issue. Stakeholders have raised concerns that some roles advertised as unpaid internships should, in fact, be paid positions. The evidence gathered will inform the government’s future policy.
- Unpaid work trials used in recruitment: The government acknowledges that unpaid work trials can be a legitimate part of recruitment, allowing employers to assess candidates’ suitability for a role. However, there is concern that some employers may misuse these trials to obtain work or services for which they should pay at least the minimum wage.
- Voluntary work and volunteers (clarifying when payment is required): For minimum wage purposes, “voluntary worker” has a defined meaning. While voluntary workers may have a contract to provide services, they are generally not entitled to the minimum wage if they work for certain organisations, such as charities, fundraising bodies or statutory bodies. The government is seeking evidence to understand better how voluntary workers are engaged and managed, as current data in this area is limited.
- Work shadowing (observational placements): The government recognises the value in work shadowing and, given the limited evidence in this area, it is using this Call for Evidence to gather data on how work shadowing operates in practice, and the potential benefits and drawbacks of these arrangements.
Responses will shape possible changes to employment law, including new definitions, payment rules and compliance measures. This could mean significant changes for employers, charities and anyone offering placements or trials, as well as for those entering the job market.
What can employers do in the meantime?
While the government continues to seek views through the Call for Evidence and is considering potential reforms thereafter, you may wish to take proactive steps to ensure compliance with the existing law in this area and prepare for possible changes:
- Audit current practices: Review all arrangements involving interns, work trials and, where applicable, voluntary roles to ensure that you are correctly classifying individuals and paying at least the National Minimum Wage where required. Pay particular attention to any roles labelled as “internships” or “work experience” to confirm whether the duties performed could amount to “work” under employment law.
- Clarify status and documentation: Ensure that you clearly document the status of each individual (worker, volunteer or student on a formal placement). Where internships are unpaid, confirm that they fall within the current legal exemptions (e.g. part of a formal education or training course, or genuine voluntary work for a charity).
- Review recruitment processes: Examine the use of unpaid work trials in recruitment. Ensure that any trial periods are reasonable in length and scope, and that you pay candidates where the trial involves performing actual work rather than mere observation.
- Monitor legal developments: Stay informed about the progress of the Call for Evidence and any subsequent legislative or regulatory changes. Consider engaging with the consultation process to ensure your organisation’s perspective is heard.
- Prepare for change: Anticipate that the government may tighten definitions and compliance requirements. Begin considering how your organisation would adapt if the government prohibits unpaid internships except for formal educational placements.
How can we respond to the Call for Evidence?
Anyone with experience of internships, work trials, voluntary work, volunteering or work shadowing, including employers, trade unions, educational institutions, enforcement agencies, and legal or HR experts, can submit their views online, by email or by post until 9 October 2025. You can find further details of the questions in the Call for Evidence and how to respond here.
