Speaking from experience, whenever I’ve taken on internships, I thought and accepted that how I will and have been treated is down to the company’s discretion – but that is not entirely true! While each company will have their own policies and ways of working, you do have legal rights as an intern, and all organisations should be making sure that you get treated fairly and according to them.
When you take on an internship it can feel difficult to assert your rights, if you feel that you are being mistreated but have no idea who or where to go for support. So, we have compiled some tips for you below to make sure you’re aware what your rights as an intern are, to hopefully give you the confidence you need for when you start your internship!
Firstly, what is the difference between apprenticeships, work experience and internships?
An apprenticeship is a way of on-the-job training and learning with a small wage for anyone over 16 and not in full-time education.
Work experience is generally more of an informal agreement between a young person and company which generally involves more shadowing, especially if it’s organised as part of a school or university placement. They tend to be short, for example, they might last for two weeks.
Internships, sometimes known as work experience, have no specific legal meaning in UK employment law. As well as shadowing, internships often involve company-specific work, for example, research towards projects or contributing to the work of a team member.
Why is it important to know your rights as an intern?
Internships and apprenticeships are a great way to get a foot in the door of the media industry. This can only be true, however, if your experience doesn’t make you regret this choice of career… right?
The problems with unpaid internships
Due to work experience being more of an informal agreement and legal grey area, there is a big question mark over pay.
You may be asked to complete work experience for your course or to qualify as a journalist, and that is a great way for you to understand how the industry works.
Beyond this, however, capitalising on students and graduates’ need to gain experience by offering unpaid internships is an unfair way for companies to gain free labour. It is not a way to nurture up-and-coming talent as it prices out anyone who can’t afford to take this unpaid work on, therefore making social mobility in the media even harder to achieve.
The Sutton Trust reported that over 40% of young people have taken on an unpaid internship, 53% of which lasted longer than four weeks. The monthly cost of an unpaid internship in London was over £1,019 in 2018 (or a minimum of £1,259 in 2023’s money according to the Bank of England’s calculator).
Luminate, providing data, trends and advice for school leavers and graduates, advises students and young people to use caution and initiative when it comes to accepting unpaid internships – not accepting any longer than two weeks, insisting that full travel costs are covered (rather than a contribution) and asking for a clear agreement on tasks are to be expected.
So, when are interns entitled to pay?
Interns and work experience undertakers are entitled to at least the national minimum wage if they count as a worker, according to UK employment law. A person is qualified as a worker if one or more of the following are true:
- A written or non-written contractual agreement of doing work for personal rewards (e.g. payment).
- There is a promise of future work or contract.
- They are not working as part of their own limited company (i.e. the employer is not a ‘client’).
- Their employer has to have them work for them as long as the contract or agreement lasts.
Therefore, if you are an intern who is completing work-specific tasks (e.g. deadlines or the same type of work as paid staff) for a specific agreed period of time with set hours or have been promised more work or a contract in the future, you are entitled to the national minimum wage or higher.
Interns are NOT entitled to pay if:
- They are undertaking the internship as part of a school or higher education work placement.
- If they are only shadowing and observing – i.e. not carrying out any actual work themselves.
If you are a volunteer, you will not be a ‘worker’ and will have no statutory employment rights (including pay). A genuine volunteer is someone who voluntarily works for nothing and has no obligation to work. Volunteers can ask for their travel and food expenses to be reimbursed.
You will usually be given a volunteer agreement that explains:
- the level of supervision and support you will be offered
- what training you will gain
- whether you are covered under the organisation’s employer or public liability insurance
- health and safety information
- details on the expenses covered (travel, meals, etc.)
The volunteer agreement is not compulsory, nor is it a contract, but sets out what you can expect from the organisation you’re volunteering for.
What other rights are interns entitled to?
This is, again, a grey area depending on what the intern has agreed with the employer. Note that the longer an intern works for an organisation, the more likely it is they are a worker.
If an intern or work experience undertaker is considered or qualifies as a worker (based on the above criteria), they are entitled to the following rights:
- Being paid the national minimum wage
- Statutory minimum level of paid holiday
- Statutory minimum length of rest breaks
- The right to work no more than 48 hours per work
- Protection against unlawful pay deductions and unlawful discrimination.
You may even qualify as an employee, which means you would gain even more rights, if you do regular paid work, they have significant control over how and when you carry out your duties. These include protection against unfair dismissal and redundancy rights and family-friendly rights (like flexible working).
How will you know if this is right for you?
Before you agree to an internship or work experience placement, it’s a good idea to ask for a written agreement of expectations. For example, clarify exactly what types of tasks you’ll be doing and whether they’ll cover meals or travel expenses.
Once you have this list, you can figure out what your employment status would be, whether what is on offer is aligned with that status, and whether this is the right fit for you.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. If you need help, you should contact Acas and the Acas helpline for free impartial advice on employee rights and they can advise you on how to go forward.
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