Interns

“Intern” is a label and not a legal concept, so once again employment status will depend on whether interns satisfy the tests of mutuality of obligation, personal service and control set out above. An intern who is a “worker” is entitled to all the legal rights set out in the box on page 46, including, in particular, the National Minimum Wage, statutory paid holiday and rest breaks (see Chapter 4). Their legal status will depend on their particular circumstances, taking into account factors such as:

• what does the documentation (if any) say?

• are they doing work that benefits the employer, rather than simply shadowing someone for their own benefit?

• how long is the placement? In practice, the longer it lasts, the more likely the intern is to be a worker.

• are interns free to come and go as they please, or must they 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.