So-called 'internships' have caused employers significant confusion in recent years and this particular working practice has also been high on the political agenda.
The term 'intern' is commonly used to describe someone who is attending your workplace for the purposes of gaining some work experience in a particular industry before deciding that they wish to pursue a career in that line of work. The period spent in your workplace may also be a necessary, or optional, part of a higher education course to supply the student with practical experience in their theoretical studies.
Interns, work placements and work experiences are commonly seen in sectors such as fashion, journalism and politics but their use appears to be widening year on year into many more organisations.
Employers are keen to take on interns to get some newly educated insight into their workplace; interns are often enthusiastic and eager to impress in the hope of a full time permanent role when the time comes.
Currently, there are no specific employment law rules or legal definitions which cover interns or work experience placements, however, the rights businesses should afford interns will depend on their employment status; whether they are true interns or if they can be classed as workers.
Their status will affect the terms interns should be on, for example, the National Minimum Wage Act 1998 explicitly states that a 'worker' is entitled to be paid the national minimum wage (NMW) rate which applies to their age category.
Therefore, if an internship is advertised as unpaid, or on an expenses only basis, but the intern can prove that they meet the definition of a 'worker' for minimum wage purposes then it is likely that they will need to be paid the applicable minimum rate, regardless of any agreement stating that NMW does not apply.
There are some exceptions to when NMW does not apply, such as student internships, where students are required to carry out an internship for less than a year as part of a further or higher education course, or work shadowing, where the intern's role only involves observation and no work is carried out by them.
This is an important distinction to make; there will not be many internships in operation where the intern will be expected to simply watch and learn.
Carrying out activities which are intended to contribute to the business is likely to be a sign that the individual is a 'worker'.
If the intern's main role is preparing management reports, for example, or devising new more efficient systems within the workplace that will contribute to the business, then the intern is doing some work of value for you, therefore pointing towards their status as a worker.
If the intern is expected to perform according to the same rules as a 'normal' employee, then they should be told this.
Not providing an intern with a written contract does not mean that they are not classed as an employee of yours, the employment relationship will be created regardless. Failure to give an employee a written statement of main terms is a stand-alone breach of employment law in any case.
Interns should receive the same induction into the organisation as 'normal' employees, especially if the intention is that they will be at the organisation for any length of time.
You will also have the same obligations towards them with regard to your duty of care i.e. ensuring that they are able to work in an environment that does not compromise their health and safety.
This extends to ensuring that they are protected from discrimination and bullying. Grievance procedures, and personal harassment procedures, that are available to employees should also be made available to interns.
Statutory annual leave entitlement and rules on working time e.g. maximum working hours per week and minimum break times should also be adhered to.
Have you ever hired an intern? What's your experience been like? Log in or sign up to UKBF to comment.
The term 'intern' is commonly used to describe someone who is attending your workplace for the purposes of gaining some work experience in a particular industry before deciding that they wish to pursue a career in that line of work. The period spent in your workplace may also be a necessary, or optional, part of a higher education course to supply the student with practical experience in their theoretical studies.
Interns, work placements and work experiences are commonly seen in sectors such as fashion, journalism and politics but their use appears to be widening year on year into many more organisations.
Employers are keen to take on interns to get some newly educated insight into their workplace; interns are often enthusiastic and eager to impress in the hope of a full time permanent role when the time comes.
Following employment law
To ensure you are treating these individuals in line with current employment law, you need to consider what rules you will apply to their time with you. By doing this, you will determine the employment status of the individuals and this will dictate your responsibilities in areas such as pay. This has been the most contentious area of law with interns in recent years.Currently, there are no specific employment law rules or legal definitions which cover interns or work experience placements, however, the rights businesses should afford interns will depend on their employment status; whether they are true interns or if they can be classed as workers.
Their status will affect the terms interns should be on, for example, the National Minimum Wage Act 1998 explicitly states that a 'worker' is entitled to be paid the national minimum wage (NMW) rate which applies to their age category.
Therefore, if an internship is advertised as unpaid, or on an expenses only basis, but the intern can prove that they meet the definition of a 'worker' for minimum wage purposes then it is likely that they will need to be paid the applicable minimum rate, regardless of any agreement stating that NMW does not apply.
There are some exceptions to when NMW does not apply, such as student internships, where students are required to carry out an internship for less than a year as part of a further or higher education course, or work shadowing, where the intern's role only involves observation and no work is carried out by them.
This is an important distinction to make; there will not be many internships in operation where the intern will be expected to simply watch and learn.
Carrying out activities which are intended to contribute to the business is likely to be a sign that the individual is a 'worker'.
If the intern's main role is preparing management reports, for example, or devising new more efficient systems within the workplace that will contribute to the business, then the intern is doing some work of value for you, therefore pointing towards their status as a worker.
Documentation, inductions and annual leave
The documentation given to the intern in relation to their work with you should reflect their actual status. In most cases, the reality of the situation will mean that the intern is to be classed as a 'normal' employee, albeit a fixed term one, and their contract should represent this.If the intern is expected to perform according to the same rules as a 'normal' employee, then they should be told this.
Not providing an intern with a written contract does not mean that they are not classed as an employee of yours, the employment relationship will be created regardless. Failure to give an employee a written statement of main terms is a stand-alone breach of employment law in any case.
Interns should receive the same induction into the organisation as 'normal' employees, especially if the intention is that they will be at the organisation for any length of time.
You will also have the same obligations towards them with regard to your duty of care i.e. ensuring that they are able to work in an environment that does not compromise their health and safety.
This extends to ensuring that they are protected from discrimination and bullying. Grievance procedures, and personal harassment procedures, that are available to employees should also be made available to interns.
Statutory annual leave entitlement and rules on working time e.g. maximum working hours per week and minimum break times should also be adhered to.
Have you ever hired an intern? What's your experience been like? Log in or sign up to UKBF to comment.
