Interns

An intern is not a legal concept, and whether or not an intern is entitled to employment rights, such as the right to the National Minimum Wage, or statutory holiday under the Working Time Regulations (see Chapter 4), depends on whether they are a worker — or even in some circumstances an employee. The legal status of an intern is likely to depend on various factors, for example:

• 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.