Q&As

Are employers required to pay the national minimum wage to candidates who work a trial shift as part of a recruitment process?

read titleRead full title
Published on LexisPSL on 19/12/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Are employers required to pay the national minimum wage to candidates who work a trial shift as part of a recruitment process?

Designating a period of work as an unpaid ‘trial’ does not mean that the individual is not entitled to be paid the national minimum wage; it will depend on whether, in principle, the individual qualifies for the national minimum wage, and whether any of the exclusions apply.

A person qualifies for the national minimum wage if they:

  1. are a worker

  2. are working, or ordinarily works, in the UK under their contract, and

  3. have ceased to be of compulsory school age

A ‘worker’ is an individual who has entered into or works under (or, where the employment has ceased, worked under):

  1. a contract of employment (limb a), or

  2. 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 (limb b)

For further information, see Practice Notes:

  1. National minimum wage—Eligibility, and

  2. Worker status—Definition of 'worker'

In limb a, 'contract of employment' means a contract of servic

Related documents:

Popular documents