Interns




“Intern” is a label not a legal concept. The employment status of an intern will be assessed by applying the various principles set out earlier in this Chapter. The key issue is whether the intern owes a legal obligation to do some work in person. The result will depend on the particular facts of each case. Factors that might point to the presence of a legal obligation rather than a purely voluntary arrangement include: 




• language that sounds as if it is intended to create legal rights and obligations, for example, clear promises, used, for example, in an advert 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 simple passage of time 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 can 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 (or even an employee); 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 pages 31-32.


As Law at Work goes to press, a private members' bill is before the House of Lords, seeking to limit unpaid internships to a maximum of four weeks.