What Are My Rights on Work Experience?



Getting hands-on experience in the workplace is a splendid way of making your CV stand apart from the pack. Last year, 59% of graduate hires from companies in our Top 100 Undergraduate Employers were students that had completed an internship or placement during their degree.

However, whether you’re doing an internship, placement year or work experience, it’s really important you are clear on the terms of your employment so that you are not taken advantage of.

You may feel your lack of experience lets your employer off the hook when it comes to reimbursing you or treating you fairly. That is not the case. ​

We’ve put together this comprehensive guide to help you better understand your employee rights.



Should I be getting paid?


What this all boils down to is whether or not you are classed as a ‘worker’. Employers are legally obliged to pay all ‘workers’ the National Minimum Wage. However, the laws around this are far from black and white.

Let’s break it down...

You are entitled to the National Minimum Wage or National Living Wage if you are:

  • Required to show up for specific hours or carry out a set lists of tasks
  • Given a contract of employment (whether written or verbal)
  • Undertaking regular paid work for an employer (whether part-time or full-time)

You may not be entitled to the National Minimum Wage or National Living Wage if you are*: 

  • A student working as part of a higher education course (for less than 1 year)
  • Of compulsory school age (Year 11 or below)
  • A volunteer for a charitable organisation
  • Work shadowing
  • Participating in a government scheme or programme
  • Taking part in an EU Lifelong Learning Programme (Leonardo da Vinci, European Community Youth in Action, Erasmus or Comenius)


*If none of these apply to you, it’s likely your employer is breaking the law by letting you work for nothing. Keep reading this post to find out how to take action.


Placements

What is it? placement (AKA a ‘year in industry’ ‘industrial placement’ or ‘sandwich placement’) usually forms part of a four-year degree. Less tasty than Subway’s footlong Meatball Marinara with Monterey Jack cheese, Jalapeños and a dollop of Chipotle Southwest sauce... but a great way to get your foot on the career ladder.

What are my rights? Placements can be paid or unpaid. If you take on an unpaid position, you will be free to work your own hours and should not be asked to carry out tasks usually completed by paid employees.

Why should I do an unpaid placement when I could be paid?
If this is playing on your mind, you are wise beyond your years my friend.

The majority of placements pay a very reasonable salary and even come with extra perks such as paid holiday time. RateMyPlacement.co.uk found that the average salary for students on their placement in 2018 was £17,574. Focus your search on those employers willing to pay you and you won’t have to live off Heinz Spaghetti Hoops for a year.

Internships

What is it? An internship is a formal work experience programme that typically takes place over the summer holidays or once you graduate. It can last anywhere from a few weeks to a year and will help you decide if your chosen industry is the right fit for you.

What are my rights? Frustratingly, the term ‘intern’ has no legal status under minimum wage law. If you’re not being paid, ask to have your expenses covered and try to negotiate flexible working hours so you can fit it around a part-time job. After all, experience doesn’t pay the rent.

If you answer YES to any of the following, you are likely eligible for the National Minimum Wage:

Do you have a contract of employment (whether ‘written’ or ‘verbal’)?
Are you required to turn up to work, even if you don’t want to?
Are you contributing work that’s of value to your employer?
Have you been promised a contract for future work?


According to the ISE 2018 annual survey, the average intern earns £376 a week. So don’t be afraid to ask your employer for payment where it’s due.

Work experience

What is it? Work experience or ‘work shadowing’ is usually aimed at younger students looking to get a feel for working life in a particular role or industry.  

It is an opportunity to observe someone in their day-to-day job and can last for just a few days or up to a couple of weeks. Although you may be asked to help out with a few small tasks, it is more a chance for you to watch and learn.

What are my rights? Employers are not obliged to pay you but, as a minimum, your travel and lunch expenses should be covered so that you’re not out of pocket. In turn, you are not required to complete any set tasks and can come and go as you please.

If you are told you have to work certain hours or carry out tasks on the behalf of full-time employees, you are technically working and therefore entitled to the National Minimum Wage.

We believe in paid internships

It can be easy to forget your own worth when you take on an internship or placement, but if you’re working like a full-time employee, you should be treated like one.


Here at RateMyPlacement, we champion employers who pay their interns a fair wage. As well as rewarding your hard work, these employers are better motivated to make sure you get the most out of your time with them. This means more mentoring, more responsibility and more learning. 

And with most companies now offering competitive salaries (plus exciting employee perks), there’s simply no reason to undersell yourself. 




It’s not all about the money, money, money

A good employer will treat you well regardless of whether you’re doing a one-month internship or you’ve been working for them for years. 

If your role classes you as a ‘worker’, you will have other employment rights besides your paycheck, including:

  • Sick pay and paid holidays
  • A working week no longer than 48 hours
  • Protection against unlawful discrimination 
  • Protection against unlawful wage deductions
  • Enrolment on a pension scheme
  • The right to be accompanied at a disciplinary or grievance hearing
  • The right to be treated less favourably for working part-time

The best internships and placements are paid, but you should also be: 

  • Recruited through an open advert that specifies your day-to-day duties
  • Given a proper induction to help you integrate into the team
  • Treated with respect at all times
  • Trusted with responsibilities beyond admin, photocopying and making tea
  • Trained appropriately for the tasks you are asked to complete
  • Supervised and mentored by an experienced employee who conducts regular performance reviews
  • Allowed time off to attend job interviews
  • Provided with a reference letter

Do you know anyone doing work experience?

Help a friend out by sharing this guide!



Where can I get support and advice if I need it?


Never presume that your role as an intern or placement student means you shouldn’t be paid. If you think you have a right to a wage, it’s best to start by plucking up the courage to broach the subject with your manager.

If you have proven yourself to be a capable employee whose work adds value to the company, they should be willing to reward you by negotiating the terms of your employment. Focus the conversation on your successes and bring examples of any outstanding work you’ve done so far.

If that doesn’t work, you can make a "pay and work rights complaint" with HM Revenue & Customs (HMRC); a government body tasked with ensuring the National Minimum Wage is enforced.
 

You may feel uncomfortable doing this, in which case you can report your employer to HMRC once you have finished and claim back the money you are owed.

Even if you agreed to work for free at the time, it is possible to claim back wages for an unpaid position up to six years later. Companies found to be breaking the law can face fines, public naming and criminal prosecution.



We recommend always setting out the terms of your employment before carrying out any work for an employer. There is no legal obligation to do so, but a written agreement will help clarify what is expected of both parties and may be useful to refer to if any misunderstandings arise. It should cover things like payment, expenses, working hours and learning objectives.

Everybody has rights, whether they are in education, volunteering or working, so make sure you know yours or you may miss out on what you’re owed.




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