Government plans to reform unpaid internships and other forms of voluntary work have taken a step forward with the launch of a national call for evidence.
Views are being sought by the Department of Business and Trade (DBT) from businesses and HR teams, recruitment agencies, educational institutions, charities and trade unions to inform next steps in the government’s “Make Work Pay” agenda.
One of the government’s early commitments, cracking down on unpaid or under‑paid placements that fail to meet minimum wage requirements seeks to end the exploiting of young workers with mislabelled roles that offer little to no pay.
Kerrie Hunt, Thrings’ Head of Employment, takes a look at what businesses need to be thinking about to ensure they are ahead of the curve.
What evidence is being sought?
When and how to take part
The call for evidence is now open with submissions being accepted until 9 October, with a response expected early next year. Anyone wishing to take part can do so by visiting the gov.uk website here.
What this means for businesses
This isn't just bureaucracy - it’s about fair employment and protecting both reputation and workforce. A poorly structured unpaid placement can easily damage employer branding by attracting negative attention, create legal exposure that could cost the business and undermine trust which could dissuade future applicants.
As such, even if you believe your internships comply with current rules, now is an ideal time to revisit your practices by considering:
Auditing your schemes – Review every internship, trial, shadowing, or volunteer arrangement and confirm whether they fit the legal definition of "worker," requiring at least National Minimum Wage (NMW)
Checking exemptions - Are placements tied to compulsory academic credit or part of a UK‑based curriculum? These are typically exempt from NMW provided they meet specific criteria. But beware: exemptions do not apply to international students or placements tied to overseas institutions.
Clarifying roles in writing - Whether you're hiring an intern, volunteer, or shadow, clearly define expectations, duration, tasks, and compensation. Where unpaid work trials are used, ensure they're genuinely for evaluation—not unpaid labour.
Gathering evidence and data - Use this opportunity to contribute to the Call for Evidence – track intern numbers, durations, tasks, pay, and scope of unpaid trials or voluntary roles. Make sure you document your rationale: Was compensation provided through expenses? Was the role educational? Was the trial brief and truly evaluative?
Be ready to adapt – Most importantly, be ready for any reforms coming down the line. These can require significant change in HR policies and onboarding processes so keeping on top of what changes might be happening will save you a lot of time and headache.
Kerrie Hunt, Thrings’ Head of Employment, said: “This is an issue that came to the fore some years ago, particularly in relation to the media and fashion industries, and it will be interesting to see whether this call for evidence leads to a focus on specific industries and/or whether it results in increased enforcement.
“Businesses should look to keep their policies and processes up to date, taking legal advice to ensure they are staying compliant. By engaging now, businesses can help shape meaningful safeguards, stay on the right side of future reforms, and continue offering rewarding opportunities that attract and develop talent responsibly.”
Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. To find out how they can help strengthen your polices, and solve your disputes, please get in contact.