When you are looking for a new job, you may get asked to take part in trial shifts. This is a common part of the recruitment process to see whether you are right for the job. It’s a practice in industries that include hospitality and retail. A common query with this is do you get paid for trial shifts?
While this is a normal part of the process, both employers and potential employees must know the legalities surrounding trial shifts.
Job seekers need to understand their rights to payment for these types of trial shifts. They need to be clear about what is expected of them during the shift, the trial shift law and their statutory rights
Employers also need to be aware of the legal implications of trial shifts so that they are within the law if requesting this type of shift. Otherwise, they could be at risk of breaking the law when conducting unpaid trial shifts UK.
In this article, we will cover the following so that both employers and employees understand the legal implications of trial shifts:
We will discuss what exactly is a legal trial shift
We will cover whether workers have a right to payment
We offer clear guidance on the rights of employers
We look at how a trial shift can be compliant with UK employment law
What is a Trial Shift?
A trial shift is a common practice taken by employers to see if a candidate is suitable for a role. These work trials take place during the recruitment process to assess the skills and qualities of the candidate.
It is normally arranged by the employer and the candidate to take place on a particular date. It tends to occur in roles in industries such as hospitality where the employer needs to see how the employee will react in certain situations that are relevant to the position.
It is an effective way to test the practical skills of a candidate and will help to assess their team-building skills and work ethic.
An employee can also use the opportunity to understand the expectations and role of the job to see if it is right for them. Feedback is normally discussed after the trial shift and this can help to decide whether a job offer is made.
The typical duration tends to be a shift which may be a couple of hours. This tends to depend on the industry. It also will depend on whether it’s a part-time or full-time position. Here are the types of tasks which may be involved in a trial shift:
Working with other team members to see collaboration skills
Considering potential customer enquiries to see customer service skills
Showing money-handling skills to see cash management
Tidying and cleaning to see organisation skills
Setting tasks that require seeing the candidate work independently
Legal Framework Governing Trial Shifts in the UK
Here is some of the legal framework which helps to protect trial shift workers' rights:
National Minimum Wage Act 1998
The National Minimum Wage Act 1998 states that every worker is entitled to be paid at least the national minimum wage for any hour worked. The Low Paid Commission works with the government to decide what is appropriate for the National Minimum wage. This is decided by research and the current economic state in the UK.
Every year this is reviewed to see if any changes are deemed necessary. A trial shift would require minimum wage if it is deemed work that is beneficial to the recruiter. For instance, if they are undertaking tasks they will on the real job then this should be paid. If the employer offers a trial shift that is a test, then this could be deemed not essential to pay minimum wage.
Worker Status
Another law which will affect whether a candidate is to be paid is Worker Status. This clearly explains what a worker is and what a non-worker is to help determine entitlement to pay during a trial shift.
In compliance with UK law, a worker is someone who undertakes work which results in money or a benefit of some kind. They have either an arrangement or a contract to do work or services. If they are classed as a worker, they are entitled by law to receive at least minimum wage, they are entitled to holidays and have employment rights such as protection against unlawful deduction of wages.
A non-worker is someone who volunteers or performs a role without any contract or payment.
The definition can impact whether an employer needs to pay during a trial shit.
Government Guidance:
The government has guidelines for a trial shift and whether it should be paid or not. They state that unpaid work trials can be a legitimate practice if they are not used to obtain work for which at least minimum wage should be paid. Here are some of the factors the Department of Business and Trade uses to know if a trial shift should be paid:
Whether it’s for recruitment purposes
The length of the trial and whether it’s reasonable to test the individual’s ability
How they are observed during the trial
The tasks involved in the trial and how they reflect the job role
Whether the tasks have value to the employer
Whether they impact the recruiter running their business
When Should You Be Paid for a Trial Shift?
We have discussed the guidance by UK law regarding employment law trial shifts. But when should you be paid for a trial shift? Here are some of the reasons which can impact the trial shift.
Genuine Recruitment Purposes
A trial shift must qualify as part of the recruitment process to be unpaid. This is a test which should not be beneficial to the employer. If the tasks involved in the trial shift constitute work that offers value to the employer, the trial shift needs to be paid and at least a minimum wage rate.
Examples of this include working or serving customers. Also, taking part in transactions that result in a profit for the business.
Duration of Trial Shift:
The duration of the shift will also affect whether you should be paid for a trial shift. A reasonable duration is when the employer can assess the individual’s ability to carry out the work.
If it goes longer than a few hours, it could be classed as work and should be paid. Anything more than a day is also always classed as unlawful and should be paid minimum wage at the least.
Tasks Performed:
The tasks can also make a difference in whether the trial shift should be paid. For instance, if the trial shift sees the candidate dealing with the public and therefore making money for the business, this is a task that is classed as work.
Processing sales is also classed as building revenue for the company and is also classed as work. If they conduct work that is normally completed by a normal employee, this is also referred to as work. In these cases, the candidate should be paid a minimum wage.
What to Do If You Are Not Paid for a Trial Shift
You need to check any verbal or written agreement you had in place before completing the trial
The next thing to do if you believe you were entitled to payment but did not receive it is to address it with the employer. This should be done in writing so that you have evidence you have spoken to the employer if you need to take this further.
Ask the employer to resolve this issue and provide legal backing such as trial shift law.
Consider reaching out to the HR team at the business who can help you to resolve this issue.
If no action is taken, you should send a formal letter concluding you will be taking legal action.
You can then file a claim with the Employment Tribunal for unlawful deduction of wages
You can then arrange a settlement with the employer to make sure you receive the money owed to you for the work.
Employer Considerations for Trial Shifts
Here are some of the main considerations for employers when it comes to trial shifts to stay within UK law:
You need to put in writing exactly what is expected of them during the shift, the duration and date of the trial shift and what the tasks are.
It’s important to work out tasks for the trial that will help you to assess their skills without impacting the business.
Make sure you opt for the shortest duration possible in which they can showcase their skills.
Have clear communication with candidates regarding the shift details and any tasks that will be involved with the trial.
If you are going to provide payment, this needs to be stated in writing with a clear payment strategy for the trial.
A written agreement will protect you both and will ensure you are complying with the law and trial shift workers' rights
FAQs
Are unpaid trial shifts legal in the UK?
Unpaid trial shifts are legal in the UK as long as they meet particular guidelines. The shift must not result in the benefit of the employer. As long as the trial is a test that will not result in any value to the employer and is not productive work, the employer is allowed to carry out these unpaid trial shifts. They can not be used to exploit individuals and to profit from the work carried out at the company.
How long can a trial shift last before it must be paid?
There is no law on how long the trial shift will last. But if the trial is going to be unpaid, it should not be longer than a short shift that will assess the individual’s skills and how they will be at the job.
Can an employer ask for multiple unpaid trial shifts?
If the employer asks for multiple unpaid shifts, these could be classed as exploiting the person. By UK law, they would have to pay at least the minimum wage to the person if they are going to conduct multiple shifts.
What are my rights if I’m asked to do an unpaid trial shift?
You are covered by UK law with rules including the Minimum Wage and Worker Status. If these laws are broken, the individual can take further action through the court to claim money for the work they completed during the trial.
What should I do if I’m asked to work a trial shift without pay?
You should consider the tasks involved in the work. If they are going to benefit the employer then you need to communicate with the employer that this is breaking the worker status law.
You should have a clear understanding of what will be undertaken during the shift including the duration and tasks before agreeing to work a trial shift without pay.
8. Conclusion
We have discussed in this article how trial shifts in the UK work and whether they are legal. You must understand your rights before agreeing to do a shift. You need to know what you will be doing during the shift and have clear communication with the employer before agreeing to complete the trial shift.
There are laws in place to help protect you if you do feel like you are working a trial shift where you would be classed as a worker.
If you have been asked to work a trial shift, it’s important to seek legal advice to understand do you get paid for trial shifts. This will help stop any uncertainties or disputes that may arise after the work takes place.
As an employer, you can also seek guidance from Lawhive’s services so that you know what legally you can ask from a candidate.
If you don’t think you have been paid fairly for your trial shift and have been underpaid, Lawhive offers guidance on what steps you can take and what rights you have to secure your money.