What is it with these "work for free" trials?

maxine

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but steve i dont get it. From the minute this restaurant opened its doors it had a need to employ someone to wash up. That cost was in their business model from the word go as was the requirement to recruit and manage staff. Its not a suprise. So i do not see this as rules and legislation hindering employment in this case but more like a manager who decides to save a few quid by using these sort of tactics and using lazy recruitment techniques simply because it is an employers market. Not because they dont know any better :)
 
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it reminds me of a situation a few years ago when an employer advertised a role, got loads of applicants in to do a day's trial and saved hiring a temp to do the work.
If they do this 5 days a week they have saved paying someone a weeks wage.
You write about this as if it's a bad thing. What's bad about it?

1) The employer got a job done for minimal cost
2) Five people got to learn what this particular job is really like
3) Five people had the opportunity to demonstrate their skills, abilities, and commitment to a potential employer
4) Five people can demonstrate on their CV that they are willing to go out of their way to help potential employers
5) The employer had the opportunity to showcase their work environment and company culture

That's all good! It's demonstrating initiative all round. This is just the kind of situation that regulation stifles. Instead, we'd rather let those five people do nothing all day.
 
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Richie N

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You write about this as if it's a bad thing. What's bad about it?

1) The employer got a job done for minimal cost
2) Five people got to learn what this particular job is really like
3) Five people had the opportunity to demonstrate their skills, abilities, and commitment to a potential employer
4) Five people can demonstrate on their CV that they are willing to go out of their way to help potential employers
5) The employer had the opportunity to showcase their work environment and company culture

That's all good! It's demonstrating initiative all round. This is just the kind of situation that regulation stifles. Instead, we'd rather let those five people do nothing all day.

Sorry Steve, I am talking from an agencies view, they register a job with us we arrange interviews/trials to get nothing at the end of it.
5 candidates wasted their time and money getting to the job, agency doesn't get a fee and the employer saved on the wages plus temps agency fee.
Obviously no placement is guaranteed, but I am just giving an example of how it has been abused in the past.

I understand where you are coming from but my point is, that this free trial within the industry can be abused by employers.
 
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Richie N

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I think the law is already clear on this - if a "trial" does not fall under one of the exemptions of the national Minimum Wage Act 1998 then minumum wage applies for all hours worked!

:)

In the hospitality industry, a trial is part of the interview process. So you could say its a skills assessment test but it is known as a trial.
 
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Sorry Steve, I am talking from an agencies view, they register a job with us we arrange interviews/trials to get nothing at the end of it.
5 candidates wasted their time and money getting to the job, agency doesn't get a fee and the employer saved on the wages plus temps agency fee.
Obviously no placement is guaranteed, but I am just giving an example of how it has been abused in the past.

I understand where you are coming from but my point is, that this free trial within the industry can be abused by employers.
I can see your perspective, and I am playing devil's advocate a bit (because of my opinion about regulations in general). Maybe the key is that everyone knows in writing in advance. That way, no one feels deceived and no one wastes money on false hope.
 
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maxine

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You write about this as if it's a bad thing. What's bad about it?

1) The employer got a job done for minimal cost
2) Five people got to learn what this particular job is really like
3) Five people had the opportunity to demonstrate their skills, abilities, and commitment to a potential employer
4) Five people can demonstrate on their CV that they are willing to go out of their way to help potential employers
5) The employer had the opportunity to showcase their work environment and company culture

That's all good! It's demonstrating initiative all round. This is just the kind of situation that regulation stifles. Instead, we'd rather let those five people do nothing all day.

Sorry Steve but I don't think its all good. It's just excuses for illegal and bad practise.

1) The employer got the job done at minimal cost because they ripped someone off
2) They may have already known what the job was like
3) They can demonstrate their abilities and committment and still get paid
4) Showing on their CV is not necessarily a good thing as someone else mentioned in this thread if it is going to prompt the question about why they were not taken on
5) Showcasing their environment? So what.. nobody wants to work for free for unscrupulous employer no matter what the environment may look like.

It's not initiative really is it? It's just plain wrong :)
 
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maxine

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Maybe the key is that everyone knows in writing in advance. That way, no one feels deceived and no one wastes money on false hope.

I do still think given everything said in this thread so far that this is the wrong way to look at things. People shouldn't have to have "false hope" when there are rules in place with the specific purpose of protecting them from the start.

There are various other options don't forget for this employer... they could have opted for a govt run apprentice scheme, or a work trial through the job centre etc or they could even have had some sort of commission only or piece work pay structure (not sure how that would work with washing up?!) ... but they didn't. They just took the lazy and illegal way because they think it is ok to treat people this way because they will get away with it. Perhaps because employees and agencies have informally accepted that this is the way of life it condones that behaviour, which goes back to what you say about free market.
 
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Richie N

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Sorry Steve but I don't think its all good. It's just excuses for illegal and bad practise.

1) The employer got the job done at minimal cost because they ripped someone off
2) They may have already known what the job was like
3) They can demonstrate their abilities and committment and still get paid
4) Showing on their CV is not necessarily a good thing as someone else mentioned in this thread if it is going to prompt the question about why they were not taken on
5) Showcasing their environment? So what.. nobody wants to work for free for unscrupulous employer no matter what the environment may look like.

It's not initiative really is it? It's just plain wrong :)

I agree with Maxine here as well on the above points.

I would never encourage candidates to show on their CVs what trials they have been for, unless they are "stages" which is a period when a Chef or anyone in the industry works for a top employer for a week or two.
I.e someone like Marco Pierre White or Gary Rhodes etc.
Which obviously bodes well to get that experience in an well established restaurant.
 
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No, in my opinion they are exploiting this. 4/5 hours then maybe they can get away with it for a trial but when it's as long as this, it reminds me of a situation a few years ago when an employer advertised a role, got loads of applicants in to do a day's trial and saved hiring a temp to do the work.
If they do this 5 days a week they have saved paying someone a weeks wage.

Seriously, who are these recruiters? Alan Sugar? Washing Up is not applying to be the next Apprentice! Even 4/5 hours is taking the piss!

The law should change regarding trials, and hopefully soon, as it would make my job a lot easier:)
This probably won’t happen, simply because the law needs enforcing not amending. If Maxine’s nephew wants to make a step in that direction, I’ve already offered to help.

Sorry Steve, I am talking from an agencies view, they register a job with us we arrange interviews/trials to get nothing at the end of it.
5 candidates wasted their time and money getting to the job, agency doesn't get a fee and the employer saved on the wages plus temps agency fee.
Obviously no placement is guaranteed, but I am just giving an example of how it has been abused in the past.

I understand where you are coming from but my point is, that this free trial within the industry can be abused by employers.
...can, and clearly is too! There is no such thing as a free lunch, and nor should be there a free worker to clean up after lunch.
In the hospitality industry, a trial is part of the interview process. So you could say its a skills assessment test but it is known as a trial.
A skills assessment is quite different to a shift, and should be focused on an assessment. To require a 16 hours skills assessment to wash up though is just ridiculous; 16 minutes will determine if the dishes are sparkling clean & done with necessary haste. If standards slip after the appointment, the employee can be quickly dismissed, but they should be paid for hours worked.

These employers earn a bad name for the industry & employers generally (also encouraging new laws that many hate, but keep me in work), and they need to be pulled into line, so the vast majority can operate on a level playing field.


Karl Limpert
 
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I can see your perspective, and I am playing devil's advocate a bit (because of my opinion about regulations in general). Maybe the key is that everyone knows in writing in advance. That way, no one feels deceived and no one wastes money on false hope.

Everything in writing in advance is a nice idea Steve, but just not realistic.

As Maxine mentioned earlier, the call came the day before for the work, but employers aren't obliged (as regulations don't require it) to put anything in writing for two months.

What is in writing now is the laws on contracts, the laws on employment, definition of workers & employees, laws on minimum wage, and so on. Based on these, even if the employer & employee agreed to an unpaid trial, the statute on minimum wage would override this, so it would be a meaningless piece of paper.

If we didn't have these rogue employers though, there would be far less need for regulation.


Karl Limpert
 
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maxine

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If Maxine’s nephew wants to make a step in that direction, I’ve already offered to help.

That's really appreciated Karl :) If it was up to me I would go the whole way with this crowd but it needs to be his decision. Thankfully he is unaware of ukbf and what I have written on here and I have played the whole thing down with him at the moment.

There is no such thing as a free lunch, and nor should be there a free worker to clean up after lunch.

Classic line :) !!
 
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maxine

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Medium and large sized employers in the UK will most likely have their own HR Department who take take the lead and will advise on employment law issues, however, for the much smaller business employing perhaps just one full or part-time employee, it will be the owner who will be responsible. Therefore, an awareness of employment law is essential.

Quoting 'regulation 14.5.32, rule 4.54.1a, subsection 4.3.1, clause 7.001.2' may not help some people now, especially in the US, but a small business owner may be grateful of such a reference when searching these threads in the future.

And I think Mya makes a really good point too about awareness and education of employment law. I have been lucky enough to have had some training in the past when I worked for a large employer but things have moved on a lot since then. I didn't know if this was legal or not and whether in came under the banner of voluntary work.

There must be loads of small business owners out there who would think there is nothing wrong with work trials (some mentions in this thread) and it is concerning now that the job centre are using this term more frequently that it may get mis-understood by employers who take it upon themselves to run their own version of a "work trial".
 
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Tej

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That's really appreciated Karl :) If it was up to me I would go the whole way with this crowd but it needs to be his decision. Thankfully he is unaware of ukbf and what I have written on here and I have played the whole thing down with him at the moment.



Classic line :) !!

Why would you want a young man just starting off... to go through all the legal nightmare.. for what is a few quid ( maybe a lot to him.. I understand)

Would his time and energy not be better spent in moving forward?

In any case... it might turn out that he will get paid for work done so far...
tomorrow will tell.

You might find that you have worked yourself up for no reason.

HTH
 
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maxine

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No, in my opinion they are exploiting this. 4/5 hours then maybe they can get away with it for a trial but when it's as long as this, it reminds me of a situation a few years ago when an employer advertised a role, got loads of applicants in to do a day's trial and saved hiring a temp to do the work.
If they do this 5 days a week they have saved paying someone a weeks wage.

So given this then Richie would you not steer clear of putting your candidates forward for these work-for-free-work-trials?

I appreciate what you have said about work experience working with top establishments etc but that to me is more investment in training and personal development than a work trial and besides everyone knows the situation in advance.
 
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I think there is a big difference between employment law in the UK and in the US, where regulations are not a stringent or comprehensive, and US laws are irrelevant to businesses operating in the UK.

Medium and large sized employers in the UK will most likely have their own HR Department who take take the lead and will advise on employment law issues, however, for the much smaller business employing perhaps just one full or part-time employee, it will be the owner who will be responsible. Therefore, an awareness of employment law is essential.
There are different laws in the UK & US, and actually variations in employment laws across the UK & respectively the US too. (For the UK, a fair percentage of employment law covers the whole UK, but nonetheless devolved government still creates some variations. For the US, many laws are by state not federal, so again vary. For both though – and I have represented & advised clients in the US before – the main principal is to adopt a policy of fair treatment for staff; everyone wins on that approach.)

Medium and large sized employers in the UK will most likely have their own HR Department who take take the lead and will advise on employment law issues, however, for the much smaller business employing perhaps just one full or part-time employee, it will be the owner who will be responsible. Therefore, an awareness of employment law is essential.

Quoting 'regulation 14.5.32, rule 4.54.1a, subsection 4.3.1, clause 7.001.2' may not help some people now, especially in the US, but a small business owner may be grateful of such a reference when searching these threads in the future.
Medium & large businesses also likely have their own accounts department, who take the lead and will advise on tax law. You rarely see those without an accountants department attempting a DIY approach though, and as getting employment law wrong can be even more expensive & easier to catch out, many businesses consider outsourcing this too. Like accountants, there are many services out there (and on UKBF) to meet individual business needs: some sell template documents, while others write these as appropriate for the case; some offer a 24 hour random-person phone service, while others offer a service that involves knowing the client & their employees; some sell a hotline to solicitor or legal eagle, others a legal specialist (perhaps with other recognised qualifications) & practical experience of applying the law in a workplace. All of them can quote S.3 of Part X of Employment Law Blah, as amended by Statutory Instrument 1001, and all of them offer something useful to the client.

The important thing for these businesses to think about though is to appreciate they cannot get away with flouting employment law – not only are the tax authorities looking at them, but also the law companies representing employees! And more dangerous still, UKBF members :eek:!!


Karl Limpert
 
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The employer got the job done at minimal cost because they ripped someone off
Who was ripped off? Someone was given the opportunity to prove their worth for a day knowing full well they would not get paid and there was no guarantee of a job. Being ripped off means you are promised one thing and then tricked out of it. As long as everything is in writing ahead of time, no one is being ripped off.

No one has to accept a trial. If they know the environment, then don't do the trial. Simple.
 
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they could have opted for a govt run apprentice scheme
Forget it. Government-run usually means inefficient and with strings attached.

or a work trial through the job centre
Same thing.

Whatever is wrong with offering the opportunity to prove your worth for free? It's voluntary. The alternative is doing nothing. If I was a young person looking for a job when one third of people between 18 and 30 are unemployed, I'd jump at the chance. By regulating everything bar sneezing, the government is banning initiative and adding overhead. However will we compete with overseas companies with so many hands tied by bureaucrats who've never run a business in their lives? We're just killing our economy and the government is simply meddling.

Consider the following scenario: What if an employer offers a young person the chance to work for them for 6 months at, say, 20% of the minimum wage. The conditions of the 6-month trial are documented clearly. The young person will get to experience several different job roles, participate in company meetings, contribute to planning activities, work with customers, and basically get to know the company and the industry inside and out. A graduate student, who wants to get into the field, is chomping at the bit to do this. She knows full well that experience is crucial to succeed in this industry, and there are no jobs going right now. She's simply clicking her heels at home, not knowing what to do. The employer would be happy to move forward. The young person would be happy to move forward. Everything is agreed in writing. What right does the government have to step in and stop this agreement from happening? Can you name one good reason?

We're adults. We don't need "nanny" telling us what is and what is not good for our health.
 
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Consider the following scenario: What if an employer offers a young person the chance to work for them for 6 months at, say, 20% of the minimum wage. The conditions of the 6-month trial are documented clearly. The young person will get to experience several different job roles, participate in company meetings, contribute to planning activities, work with customers, and basically get to know the company and the industry inside and out. A graduate student, who wants to get into the field, is chomping at the bit to do this. She knows full well that experience is crucial to succeed in this industry, and there are no jobs going right now. She's simply clicking her heels at home, not knowing what to do. The employer would be happy to move forward. The young person would be happy to move forward. Everything is agreed in writing. What right does the government have to step in and stop this agreement from happening? Can you name one good reason?

Yes, of course in your blissful scenario everything will work tickety boo: the informed, affluent job seeker (who has funds to stay alive for the duration), will sign up and learn from the multi departmental company who will train her across all fields and disciplines. She will emerge with a skill set which will be the envy of all; a prodigy in washing up, post delivery, filing, and dealing with the bosses' dry cleaning. Yay! The company will get a willing worker whose commitment will be set in contractual stone, so they can do whatever they choose as it's for her good.
The cost of putting this all into contractual form, both financial and in time terms, will be happily met by a small business with nothing much else to do, and competently interpreted by the jobseeker, (who has been studying employment law at night school, natch).

This might work in a simple libertarian model where all government is bad, (but lawyers are somehow good: they do the contracts. WTF?), but back on planet earth things are a little more complex. There are rogue employers. The market is neither free nor even. People have different abilities, and some are more vulnerable than others to being used.

If you really want to get rid of all government rules, where do you stop? Would it be OK for me to think an employee is not working hard enough and kill them? I'll put some sort of catchall discipline clause in the contract.That murder thing is only the government interfering in our lives, why can't we sort things out our way? Of course, as you will probably point out, the employee will be able to kill me first, for potential breach of contract, so even stevens.
So when not killing each other or shagging the help, ("other duties" catchall in the contract), you'll spend all your time writing contracts and conferring with lawyers. The American Way. Useful.
What a nice, relaxed, productive workplace that would be.
 
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I can never get my head around why people think its ok to expect commitment from staff when they are paid and treated poorly ,as for asking someone to work a free trail WTF ,if i was looking to work for some i would run a mile if this was suggested its just wrong you pay for what you get .
 
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Matt1959

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,if i was looking to work for some i would run a mile if this was suggested its just wrong you pay for what you get .

surprised at this - if you had a family and mortage to pay and were desperate for a job, in principle why would you not do something that sets you apart from the other prospective employees? I know I'd offer to do a free trial given these circumstances without hesitation so long as I thought the employer was above board. Lets face it, if you trialled well, they'd either give you the job or pay you something anyway and if they paid you nothing so what, its a day out of dole land. This is completely different to Maxines situation btw where it appears the employer is a rogue. BUT, I guess there are the employment rules that say this sort of thing is not allowed, for insurance reasons also.....
 
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In unskilled work I don't see anything intrinsically unreasonable about a short trial period (for something like washing up, lets say 2 hours) that you don't get paid for if you can't do the job.

But the idea that you do 10 hours work, and then got told that you won't get paid, and that you have to do another 10 hours work to show that you're good enough to wash dishes, is taking the mickey. If his first day's work was good enough for him to be called back then it was good enough to pay him for it. We're not talking city bonuses here, we're talking minimum wage for a few hours work that appears to have been done to a satisfactory standard.

I'm with Cornish Steve, there is no need for any regulation in any of this. The employer should simply be told where to stick it.
 
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surprised at this - if you had a family and mortage to pay and were desperate for a job, in principle why would you not do something that sets you apart from the other prospective employees? I know I'd offer to do a free trial given these circumstances without hesitation so long as I thought the employer was above board. Lets face it, if you trialled well, they'd either give you the job or pay you something anyway and if they paid you nothing so what, its a day out of dole land. This is completely different to Maxines situation btw where it appears the employer is a rogue. BUT, I guess there are the employment rules that say this sort of thing is not allowed, for insurance reasons also.....
Yes, in the past I once considered offering my services for free for a couple of weeks to get *skilled* work. In the event in my first job I did skilled work for a derisory wage for 3 months to get my feet under the desk. I then got a raise, doubling my earnings from then on because the employer had seen that I was value for money.

I was slightly troubled by the insurance aspect of this trial that doesn't seem to be employment in the eyes of the employer. What if the trialist trips and injures themselves. Lots of opportunities for serious personal injury in a kitchen. Also what if they were to "accidentally" trip and break hundreds of plates? (Just the kind of thing someone disgruntled at being lied to about the nature of the trial might do)
 
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maxine

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Why would you want a young man just starting off... to go through all the legal nightmare.. for what is a few quid ...You might find that you have worked yourself up for no reason.

Tej, I really hope I have got myself worked up for no reason as no, I don't think it would be good for him at all to go through this. It's not the money as even though it is a lot to him he will forego his benefits in place of these earnings so in effect he won't actually be much better off.. about £20 or so.

But, it is a bit of a chicken and egg situation. If people do not kick up a fuss when this sort of thing happens then the employer will do this again to someone else, and they won't complain, and it becomes the norm even though it is illegal, and so it goes on. As I said, it's not my choice. I will help him but he will make his own decision :)

Being ripped off means you are promised one thing and then tricked out of it. No one has to accept a trial. If they know the environment, then don't do the trial. Simple.

You have got this completely wrong Steve. My nephew was originally told that he would get paid and only later told he wouldn't be getting paid. Therefore, he was ripped off.

If it is a general point you are making instead, the work for free trials should not be offered in the first place as currently they are illegal.

Forget it. Government-run usually means inefficient and with strings attached.


Same thing.

Whatever is wrong with offering the opportunity to prove your worth for free? It's voluntary. The alternative is doing nothing. If I was a young person looking for a job when one third of people between 18 and 30 are unemployed, I'd jump at the chance. By regulating everything bar sneezing, the government is banning initiative and adding overhead. However will we compete with overseas companies with so many hands tied by bureaucrats who've never run a business in their lives? We're just killing our economy and the government is simply meddling.

Consider the following scenario: What if an employer offers a young person the chance to work for them for 6 months at, say, 20% of the minimum wage. The conditions of the 6-month trial are documented clearly. The young person will get to experience several different job roles, participate in company meetings, contribute to planning activities, work with customers, and basically get to know the company and the industry inside and out. A graduate student, who wants to get into the field, is chomping at the bit to do this. She knows full well that experience is crucial to succeed in this industry, and there are no jobs going right now. She's simply clicking her heels at home, not knowing what to do. The employer would be happy to move forward. The young person would be happy to move forward. Everything is agreed in writing. What right does the government have to step in and stop this agreement from happening? Can you name one good reason?

We're adults. We don't need "nanny" telling us what is and what is not good for our health.

My one good reason? Money!

I think you are living in a fantasy land where people don't have rent to pay :)

But you are right... there should be choices.

However for those that don't have access to a bank of mum and dad, they stand no chance in terms of being able to compete for the experience do they? It then becomes a two tiered system of buying a work placement if you can afford it rather than earning it fairly.

The sort of thing you are describing is more akin to work experience programmes that everyone has access to when they are at school. Perhaps it should be expanded through university.

But we are talking about when people have left school, college, uni and need to find a job in order to survive.

If they want to continue with their learning ie; through work placements for experience then they can do this through regulated apprentice schemes. You are right, they are inefficient and I can vouch for that with a plumbing apprentice that we have running at the moment but there is certainly a framework for both the employee and the employer to operate within for fairness. If anything should change it is the efficiency of these and possibly financial assistance towards wages to encourage employers to do more of this. But a free-reign scheme would not provide a framework and would just completely open the flood gates for free labour and exploitation.

Not everyone wants a work trial for the "learning experience". Some actually just want to get on and earn money. I think it is a very fanciful notion you have of participation at meetings, contribute to the running of the business. In reality there would be a lot of endless free manual labour (ie; washing up) with no learning or benefit to the employee.

There used to be the YTS/YOPS schemes in the 80's that paid the employees £28 per week approx, where they went to college, worked the rest of the week with an employer, learned various job roles, and worked in a framework that safeguarded them (a bit) from outright exploitation. Maybe these should be brought back.

The other point you make about it being a comparison to doing nothing is also not quite right. If someone needs to find a job because they need money then they need to find a job because they need money! They would be doing something else ie; applying for different jobs, or even perhaps start their own business, but money is the driving factor, not learning and development.
 
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I look at the whole situation this way.

If someone is earning money off the free work of someone on trial for a job, then that worker deserves money to compensate their time.

If you want to gain experience in the job market, you don't have to line some cheap business person's pockets.

There are plenty of charities in this country that need volunteers in all kinds of roles, from shop assistants to marketing, van drivers to shop managers. You learn how to work, you get a reference, you're benefits are unaffected and you fill your time in a responsible manner.

I currently volunteer for a credit union. I'm learning banking procedures, marketing and counter service.

You're learning, getting a useable reference and you're doing some good in the world.
 
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yorkshirejames

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Wow - a great thread. To all those who think a trial is a good idea - as a layperson I would say that I probably agree with you - however as a chartered accountant (with a responsibility to uphold the laws of the country) I must remind everyone of Karl's very correct words; that this work for free arrangement is illegal.

If you don't like it - speak to your MP.
 
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There are rogue employers.
OK. Thousands of people are registered at these forums. Let's stop with the rhetoric and get real: How many members here are rogue employers? How many, on the other hand, are hard-working, sensible people who treat employees, interns and the like well? How many are trying to get something going and fighting endless regulation and red tape? Why penalize the vast majority because young people don't have enough gumption to look after themselves and need "nanny" to legislate on their behalf?

We talk as if there are large numbers of rogue employers out there, sharks looking to take advantage of poor, innocent youngsters. But WE are those companies and employers. Do we not trust ourselves?

The thread was started by Maxine, who has the commitment and good sense to help her nephew through this. Do we really need laws because the rest of the population are so incompetent?
 
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I think it is a very fanciful notion you have of participation at meetings, contribute to the running of the business.
This is exactly what I've been doing for some time now, and I shall continue to do it. The people concerned trust me. Everything is above board. They benefit, and I benefit.
 
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yorkshirejames

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OK. Thousands of people are registered at these forums. Let's stop with the rhetoric and get real: How many members here are rogue employers? How many, on the other hand, are hard-working, sensible people who treat employees, interns and the like well? How many are trying to get something going and fighting endless regulation and red tape? Why penalize the vast majority because young people don't have enough gumption to look after themselves and need "nanny" to legislate on their behalf?

We talk as if there are large numbers of rogue employers out there, sharks looking to take advantage of poor, innocent youngsters. But WE are those companies and employers. Do we not trust ourselves?

The thread was started by Maxine, who has the commitment and good sense to help her nephew through this. Do we really need laws because the rest of the population are so incompetent?

This may loose me some friends.... but as far as small businesses are concerned, I trust them as far as I can throw them (and that applies both now as a professional person, and several years ago when I was an employee).

Without exception, every small business I have seen cuts corners somewhere along the line - though rarely anything serious, granted.

So yes, I have no doubt that this pub/cafe will cut corners where they can - inc the nephew here.
 
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maxine

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OK. Thousands of people are registered at these forums. Let's stop with the rhetoric and get real: How many members here are rogue employers? How many, on the other hand, are hard-working, sensible people who treat employees, interns and the like well? How many are trying to get something going and fighting endless regulation and red tape? Why penalize the vast majority because young people don't have enough gumption to look after themselves and need "nanny" to legislate on their behalf?

We talk as if there are large numbers of rogue employers out there, sharks looking to take advantage of poor, innocent youngsters. But WE are those companies and employers. Do we not trust ourselves?

The thread was started by Maxine, who has the commitment and good sense to help her nephew through this. Do we really need laws because the rest of the population are so incompetent?

Well none of us want to refer to ourselves as "rogue employers" but to be perfectly frank if we were to offer unpaid work trials or accept them as part of day to day business life then that is exactly what we are! Whether we know it or like it or not. So yes we obviously do need pulling into line if we get things wrong. Either that or get off our backsides and find out what the laws actually are before going of on a whim and doing something that seems like a good idea :)

This is exactly what I've been doing for some time now, and I shall continue to do it. The people concerned trust me. Everything is above board. They benefit, and I benefit.

What I was referring to was workers doing this in a trial period participating in meetings etc.. not that you do it yourself. I was trying to make the point, badly, that not many trial workers would get exposure to this sort of opportunity but probably used as free labour instead.
 
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Richie N

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So given this then Richie would you not steer clear of putting your candidates forward for these work-for-free-work-trials?

I appreciate what you have said about work experience working with top establishments etc but that to me is more investment in training and personal development than a work trial and besides everyone knows the situation in advance.

As I said Maxine, it is the norm in the industry.
Every Chef or Waiter or Porter would be expected to do a free trial in order to get the job.
It's part of the interview process and you could call it an assessment but it is a working trial.
I think it's down to the individual whether or not they wish to work what is offered, most trials are usually 4-5 hours, anything more then it should really be paid for.
 
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Richie N

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Seriously, who are these recruiters? Alan Sugar? Washing Up is not applying to be the next Apprentice! Even 4/5 hours is taking the piss!


This probably won’t happen, simply because the law needs enforcing not amending. If Maxine’s nephew wants to make a step in that direction, I’ve already offered to help.


...can, and clearly is too! There is no such thing as a free lunch, and nor should be there a free worker to clean up after lunch.

A skills assessment is quite different to a shift, and should be focused on an assessment. To require a 16 hours skills assessment to wash up though is just ridiculous; 16 minutes will determine if the dishes are sparkling clean & done with necessary haste. If standards slip after the appointment, the employee can be quickly dismissed, but they should be paid for hours worked.

These employers earn a bad name for the industry & employers generally (also encouraging new laws that many hate, but keep me in work), and they need to be pulled into line, so the vast majority can operate on a level playing field.


Karl Limpert

Karl, you seem to react to every post I have made...

I do agree 16hrs is inappropriate for a working free trial, however this is down to the individual to speak up and suggest they can only do a lesser amount of time.
It is the industry norm, as I have said before that a working trial is part of the interview process in the catering industry.
I called a skills assessment as it's very similar, where the trial is used to assess the skills of the applicant.
I would say more or less any operational position in the industry would require a trial shift, some employers pay for this and others dont.
 
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As I said Maxine, it is the norm in the industry.
Every Chef or Waiter or Porter would be expected to do a free trial in order to get the job.
It's part of the interview process and you could call it an assessment but it is a working trial.
I think it's down to the individual whether or not they wish to work what is offered, most trials are usually 4-5 hours

Just a reminder....

it reminds me of a situation a few years ago when an employer advertised a role, got loads of applicants in to do a day's trial and saved hiring a temp to do the work.
If they do this 5 days a week they have saved paying someone a weeks wage.
So what's the difference?

When we start to go down these bunny trails, regulation dictates everything: How many days in a trial? How many hours in a day? What can be done and what cannot be done? Does it include a lunch break? Does it include expenses? Is there a maximum number of trials a week? a month? a year? Is there a minimum age limit? Is there a maximum age limit? Is there a gender difference? Is there health and safety coverage? Can you sneeze? Far better is to use plain common sense. If someone doesn't work to work more than 4 hours on a trial, then don't volunteer for one. Honestly - what is the big deal? Have we forgotten that we're grown-ups?

And I see that you agree.

...however this is down to the individual to speak up and suggest they can only do a lesser amount of time.
 
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OK. Thousands of people are registered at these forums. Let's stop with the rhetoric and get real: How many members here are rogue employers? How many, on the other hand, are hard-working, sensible people who treat employees, interns and the like well? How many are trying to get something going and fighting endless regulation and red tape? Why penalize the vast majority because young people don't have enough gumption to look after themselves and need "nanny" to legislate on their behalf?

We talk as if there are large numbers of rogue employers out there, sharks looking to take advantage of poor, innocent youngsters. But WE are those companies and employers. Do we not trust ourselves?

The thread was started by Maxine, who has the commitment and good sense to help her nephew through this. Do we really need laws because the rest of the population are so incompetent?

"Let's stop with the rhetoric"

rhet·o·ric
   /ˈrɛtərɪk/ Show Spelled[ret-er-ik] Show IPA
–noun
1.
(in writing or speech) the undue use of exaggeration or display; bombast.

Pot, kettle, and bold.
 
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Richie N

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Just a reminder....


So what's the difference?

When we start to go down these bunny trails, regulation dictates everything: How many days in a trial? How many hours in a day? What can be done and what cannot be done? Does it include a lunch break? Does it include expenses? Is there a maximum number of trials a week? a month? a year? Is there a minimum age limit? Is there a maximum age limit? Is there a gender difference? Is there health and safety coverage? Can you sneeze? Far better is to use plain common sense. If someone doesn't work to work more than 4 hours on a trial, then don't volunteer for one. Honestly - what is the big deal? Have we forgotten that we're grown-ups?

And I see that you agree.

What I said with that is, it has been known for employers to advertise a role with an agency or indeed themselves, have applicants on free trials then at the end of the week not filled the role or it's withdrawn, to save temporary fees and wages.
This isn't common practice but it has been known years ago and if trials seem to be a length of time, as this one is suggested then I would personally look into it in a lot more detail.
An average trial in the industry is 4-5 hours, anything over this should be discussed further between the individual and employer.
 
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Mya Tanark

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OK. Thousands of people are registered at these forums. Let's stop with the rhetoric and get real: How many members here are rogue employers? How many, on the other hand, are hard-working, sensible people who treat employees, interns and the like well? How many are trying to get something going and fighting endless regulation and red tape? Why penalize the vast majority because young people don't have enough gumption to look after themselves and need "nanny" to legislate on their behalf?

We talk as if there are large numbers of rogue employers out there, sharks looking to take advantage of poor, innocent youngsters. But WE are those companies and employers. Do we not trust ourselves?

It doesn't matter how many employers are rogue, the fact remains that there are in fact rogue employers out there and employment legislation is brought about to protect those who are not aware of their rights to be treated fairly and who will never read the latest piece of legistlation about to be introduced.

Which ever way you look at it, rules of employment exist for a reason and everyone has to live with them whether you like it or not.

Mark
 
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