Thinking of Hiring an Intern? Read My Guidance first...

Internships can be great – but bad press has left many employers confused about the facts. If you're thinking of hiring an intern, consider this advice:

• Be one of the good guys – There is major kudos to be gained from being a responsible employer of young people, after dozens of well-known employers have been exposed for running poor quality, unpaid internships. The culture really is changing.
• Know the law – If your interns are doing the placement as part of their course, just work shadowing (observing) or you're a charity, the law says you needn't pay them a penny. But, if your interns will have set hours, set responsibilities, do valuable work and you're a private company, they'll probably qualify as a 'worker' under minimum wage law. Minimum wage rates, and living wage rates, vary by age and situation and should be checked on the government site here https://www.gov.uk/national-minimum-wage-rates
• Don't bend the rules – It doesn't matter if your interns say they're happy to work for free – they can't waive their right to the minimum wage. Unpaid interns can demand back pay for their work up to six years after the end of the internship, even if they agree to work for free at the time. Several cases like this have already been fought and won. To keep legal, ensure you are familiar with the rights of interns. More information can be found on the government site https://www.gov.uk/employment-rights-for-interns
• Play the long game – Research shows that paying interns improves the experience for everyone. Interns earning a wage are more productive and report higher levels of loyalty and commitment towards their employer – a good start if you opt to hire them at the end of their internship. Pay also ensures that the opportunity is open to candidates from all social backgrounds – not just those who can afford to work for free.
• Advertise widely – Yes, recruiting can be a pain – and it's tempting to ask around before advertising an internship publicly. Resist. Think of all the young people who are packed with potential but don't have the contacts and connections to workplaces like yours. Fair access is the issue here.
• Interview candidates properly – If you pay a wage and advertise the role properly, you have every right to be picky! Interview candidates as you would for any other role. Avoid asking gimmicky questions or setting tasks – it can undermine the value and credibility of the opportunity you're offering.
• Look for potential, not experience – Candidates with bags of relevant experience may have gained it through unpaid internships – which others can't afford to do. When assessing CVs, don't discount those who have worked in shops or cafes. Their experience may not be directly relevant to your workplace – but they have probably picked up valuable transferable skills.
• Create structured tasks – If you've hired them properly, make the most of them once they arrive! Make sure tasks are always job-related (picking up lunch is fine – picking up your kids is not). Give them duties to 'own' and a project to complete during their internship. Make two lists: "What will our interns gain?" and "What will our company gain?" These should be roughly balanced.
• Appoint a designated manager – Your interns will need supervision, like any other new member of staff. Someone in your organisation should take responsibility for their workload and know exactly what they're up to at any time.
• Provide feedback and a reference – To interns, feedback is gold. Provide feedback as the internship progresses to give them a chance to improve while they are there. Before their internship ends, schedule a short session to outline their strengths and areas for development in the future.

Finally, I would recommend seeking help from an HR expert to draft an ‘Intern Agreement’ and provide advice on all of your obligations as an employer under these circumstances.

Should you have been given advice from the University or College stating the you can have an intern unpaid for 20 days. Remember you are the one who is taking the risk and any liabilities and claims will fall to you and not the University or College.

Let's be clear on this; Legal advice is that all internships should be paid a minimum of national minimum wage.

If you think that you would determine the period with the intern as Work Experience. There is a grey area around 'work experience' which can be unpaid, and the key elements of work experience which can be unpaid are:

• very closely supervised (almost constantly)
• linked to an assignment or case study at school/college/university project
• primarily shadowing someone
• not responsible for any work/tasks/duties

Anything else would be considered work, and the individual would be considered a worker and therefore should be paid national minimum wage. There are no time restrictions on this, a worker should be paid from the first hour they work.

Here is a useful guide is the definition of working time in the working time regulations:

• Working hours includes any time when the employee is at the employer’s disposal and is expected to carry out activities or duties for the employer
• If an intern is expected to carry out any duties from which the employer will benefit (could be as simple as filing/general admin/phone calls), it is working time and they should be paid accordingly.

I hope this is helpful, we can have a more detailed discussion if that would be useful. Should you require any further guidance, please feel free to call my helpful team for further advice: 024 7524 0934 or 0121 724 0932