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Who is eligible for the National Minimum Wage
Workers, including agency and homeworkers, are entitled to the National Minimum Wage (NMW), as is anyone who works for another person, except those in the excluded sectors listed below. Workers on commission are entitled to the NMW. Interns may be entitled to the NMW, depending on how the employer treats them and what is expected of them (see Chapter 2: Categories of worker — Interns).
In November 2009, a tribunal decided that Nicola Vetta, who had agreed to work as an intern for London production company, London Dreams Motion Pictures Limited for expenses only, was entitled to the minimum wage. She was backed by broadcast, entertainment and cinema trade union BECTU and recovered almost £2,000 in unpaid wages.
Vetta v London Dreams Motion Pictures Limited (2009, unreported)
In 2011, unpaid intern Keri Hudson, supported by the National Union of Journalists, won a claim for the minimum wage against TPG Web Publishing Limited. The tribunal looked at the work she was required to carry out and decided she was a worker, even though she had no written contract of employment.
Hudson v TPG Web Publishing Limited (2011, unreported)
Any claim by an unpaid intern for the NMW must be brought within three months of the last day of the internship. The NUJ has a campaign called Cashback for interns, supporting individuals who want to bring a claim to recover the minimum wage after working without pay. Details are available from the NUJ website at: www.nuj.org.uk/innerPagenuj.html?docid=1754. In 2010, the TUC launched an advice and campaigning website at: www.rightsforinterns.org.uk