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Who is eligible for the National Minimum Wage?
[ch 4: pages 97-98]Workers, including agency and homeworkers, are entitled to the National Minimum Wage (NMW). So is anyone else who works for another person, except in the excluded sectors listed below.
Since 1 October 2013, following the abolition of the Agricultural Wages Board (see box on page 99), agricultural workers have been brought within the NMW framework. Workers on commission are entitled to at least the NMW.
Some interns may be entitled to the NMW, depending on how the employer treats them and what is expected of them. For information as to when an intern should be receiving the NMW, 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 a London production company, London Dreams Motion Pictures Limited for expenses only, was entitled to the National 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 National 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. From 6 April 2014, the first step in any tribunal claim is to contact Acas for early conciliation. See Chapter 1 for important information about tribunal fees, remission, time limits and Acas early conciliation.
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 (www.nuj.org.uk/campaigns/cashback-for-interns).
The TUC has an advice and campaigning website at: www.rightsforinterns.org.uk.