Labour Research May 2018

Law Queries

Interns and payment

Q. Is an intern entitled to be paid, even if recruited as an “unpaid intern”?

A. This depends on their employment status. If an intern is a “worker”, they are entitled to the National Minimum (NMW)/National Living Wage (see above). 


Workers are individuals who have entered into a contract to carry out work or services. The contract does not have to be written, it can be a verbal agreement.


If the practical reality of the intern’s working day is such that it falls under the definition of “worker”, it does not make any difference if the employer describes them as an unpaid intern or volunteer, the worker will still be entitled to the NMW.


However, an intern will not always qualify for worker status. For example, an intern simply observing others at work is highly unlikely to qualify for the minimum wage. 


There are also specific exemptions to NMW entitlement which may be relevant to interns. For example, an intern of compulsory school age will not be entitled to the NMW, and certain types of voluntary work are also excluded.


The TUC has a guide to internships and union membership for young people.

https://www.tuc.org.uk/workplace-guidance/internships