Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, whether he is taking steps to ensure that the November 2018 Government document Calculating the Minimum Wage includes guidance for people who are asked to complete unpaid work trials at the outset of employment.

Individuals on work trials who are asked to complete work for an employer are likely to be classed as ‘workers’ and are entitled to the National Minimum Wage. Work trials may only be unpaid if they are part of a genuine recruitment exercise. An unpaid trial work period lasting a few hours may be reasonable and legal, but an unpaid work trial lasting more than one day is probably excessive and therefore illegal in all but exceptional circumstances. The Government has consulted with employers and trade unions on how to ensure greater clarity and better practice over work trials. We have just finalised new guidance that will be published in due course.