What is the employment status of an intern?

An intern is not a legal concept so, once again, the employment status of an intern will depend on whether the tests of mutuality of obligation, personal service and control are met, as set out in Chapter 2.

The legal status of an intern is likely to depend on various factors, like the contents of the documentation, any oral promises they have been given, the nature and length of the placement, the type of work undertaken, whether they are paid, and the degree to which the employer controls their work pattern.

Even if an intern is not an employee, they may well be a worker. It is important to note, however, that unpaid interns may be in the same position as true volunteers (see Chapter 1). Both employee and worker status require a contract, and the absence of any “consideration” in the form of pay may mean there may be no legally enforceable contract ( X v Mid Sussex CAB [2011] EWCA Civ 28). However, a promise to provide a contract or further work that will be paid may count as consideration and make them a worker. It is vital to scrutinise the arrangements carefully.

Interns are not entitled to the NMW unless they are a worker. The National Minimum Wage Regulations 2015 regs 51–56 provide that in some circumstances even interns who are workers do not qualify for the NMW. There is useful further guidance at https://www.gov.uk/guidance/national-minimum-wage-work-experience-and-internships.