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TCLA Vacation Scheme Applications Discussion Thread 2024-25
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<blockquote data-quote="trainee4u" data-source="post: 211177" data-attributes="member: 30779"><p>This is likely to be illegal.</p><p></p><p>See <a href="https://www.gov.uk/guidance/national-minimum-wage-work-experience-and-internships" target="_blank">https://www.gov.uk/guidance/national-minimum-wage-work-experience-and-internships</a> and here</p><p></p><p>[URL unfurl="true"]https://assets.publishing.service.gov.uk/media/5a7ca576ed915d6969f465a2/supporting-doc-foi-130498-annex-a.pdf[/URL]</p><p></p><p>In general, unpaid work shadowing is legal so long as the role is limited to 'shadowing' (no work).</p><p></p><p>Something like <a href="https://www.kingsleynapley.co.uk/careers/early-careers/work-experience" target="_blank">https://www.kingsleynapley.co.uk/careers/early-careers/work-experience</a></p><p></p><p>is poor practice because the intern is performing actual work, but is probably not illegal so long as the intern is legally a volunteer (this is different from a "voluntary worker", who also does not necessarily need to be paid; a voluntary worker is a "worker" who works for a voluntary organisation such as a charity, whereas a volunteer is someone who does not meet the legal definition of worker). In KN's case, while the 4-week work experience is long, it does not appear to be tied to any promise of future work (such a promise is likely to be a benefit-in-kind, changing your status from 'volunteer' to 'worker') so is somewhat reasonable.</p><p></p><p>Also the length of the placement is a factor - a week's unpaid placement is less likely to be problematic, but the longer it gets the more likely it will be that you are a worker and thus entitled to NMW; in Hudson v TPG Web Publishing, a six-week one was found to be unlawful <a href="https://www.theguardian.com/media/2011/may/23/unpaid-website-intern-court-victory" target="_blank">https://www.theguardian.com/media/2011/may/23/unpaid-website-intern-court-victory</a></p><p></p><p>One approach would be to take up the placement and then take your case for unlawful deduction from wages to the ET (3 months minus one day time limit) or County Court (six-year time limit) to get paid for your month. But this might burn bridges, IDK.</p><p></p><p>The concept of them working you a month for free as an opening for them to possibly offer you further poorly-paid work is particularly egregious and I think that some kind of action against them is a good idea, whether it is reporting to SRA, HMRC, etc.</p></blockquote><p></p>
[QUOTE="trainee4u, post: 211177, member: 30779"] This is likely to be illegal. See [URL]https://www.gov.uk/guidance/national-minimum-wage-work-experience-and-internships[/URL] and here [URL unfurl="true"]https://assets.publishing.service.gov.uk/media/5a7ca576ed915d6969f465a2/supporting-doc-foi-130498-annex-a.pdf[/URL] In general, unpaid work shadowing is legal so long as the role is limited to 'shadowing' (no work). Something like [URL]https://www.kingsleynapley.co.uk/careers/early-careers/work-experience[/URL] is poor practice because the intern is performing actual work, but is probably not illegal so long as the intern is legally a volunteer (this is different from a "voluntary worker", who also does not necessarily need to be paid; a voluntary worker is a "worker" who works for a voluntary organisation such as a charity, whereas a volunteer is someone who does not meet the legal definition of worker). In KN's case, while the 4-week work experience is long, it does not appear to be tied to any promise of future work (such a promise is likely to be a benefit-in-kind, changing your status from 'volunteer' to 'worker') so is somewhat reasonable. Also the length of the placement is a factor - a week's unpaid placement is less likely to be problematic, but the longer it gets the more likely it will be that you are a worker and thus entitled to NMW; in Hudson v TPG Web Publishing, a six-week one was found to be unlawful [URL]https://www.theguardian.com/media/2011/may/23/unpaid-website-intern-court-victory[/URL] One approach would be to take up the placement and then take your case for unlawful deduction from wages to the ET (3 months minus one day time limit) or County Court (six-year time limit) to get paid for your month. But this might burn bridges, IDK. The concept of them working you a month for free as an opening for them to possibly offer you further poorly-paid work is particularly egregious and I think that some kind of action against them is a good idea, whether it is reporting to SRA, HMRC, etc. [/QUOTE]
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