Interns



“Intern” is a label not a legal concept. The employment status of an intern will be assessed by applying the tests of mutuality of obligation, personal service and control set out at the beginning of this Chapter. The key issue is whether the intern is under a legal obligation to do some work in person. The result will depend on the particular facts, but factors that might point to the presence of a legal obligation rather than a purely voluntary arrangement could include: 



• language that sounds as if it is intended to create legal rights and obligations, used, for example, in any advertisement or offer letter;



• any promises made in return for satisfactory performance, for example a good reference, or a job, at the end of the internship;


• whether the intern is doing work that benefits the employer, rather than simply shadowing someone for their own benefit;



• the length of the placement. The passage of time on its own will not change somebody’s employment status but in practice, the longer an assignment lasts, the more likely the intern is to be a worker;



• whether the intern is free to come and go as they please, or alternatively whether they must keep specific hours and carry out particular tasks. The more control the employer asserts and the more regular the working pattern, the more likely they are to be a worker; and



• whether the intern is subjected to disciplinary rules, or formal or informal performance monitoring processes, for example, being penalised for failing to complete an assignment, or for failing to meet standards.



An intern who is a “worker” is entitled to the legal rights set out on page 34, including the national minimum wage, statutory paid holiday and rest breaks (see Chapter 4) and protection from discrimination and whistleblowing at work.