Internships & Work Experience UK: Employer Guide
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Part ofUK Employment Law Guide for Employers (2025)
Taking on an intern or offering a work experience placement can bring fresh energy into a business and help the next generation of talent build real-world skills. But the legal position is not always obvious. Depending on how the placement is structured, the person helping out might be a volunteer, a worker entitled to the minimum wage, or a full employee with contractual rights.
Getting this wrong can lead to back-pay claims, tax headaches and disputes that nobody wants. In this guide, I walk through the key differences between work experience, volunteering and internships, what paperwork tends to matter, and the practical points UK employers should think about before the first day of the placement. I'm Brad Askew, founder of LegalDocuments.co.uk, writing from a civil and commercial law background.
Overview
Work experience, volunteering and internships sit on a spectrum, and the label you attach to a placement does not automatically decide its legal status. What matters under UK law is the reality of the arrangement: whether the person is doing real work, whether they are promised something in return, and how much control the business has over their time and tasks.
Work experience is usually a short, observational placement for students or school leavers who want a taste of a particular industry. Volunteering involves giving time freely to a charity, voluntary organisation or statutory body without expecting payment beyond reasonable expenses.
An internship is a looser term that can cover anything from a structured graduate programme to a few weeks of project work, and interns are often legally classed as workers. If a person is treated as a worker, National Minimum Wage rules can apply, along with holiday entitlement and other statutory protections. The safest approach is to look at the substance of the placement rather than relying on a job title.
Key steps
- Decide what the placement really is. Before drafting anything, think about what the person will actually do day to day. If they will carry out set tasks, meet deadlines and contribute to the business, they are likely to be a worker. If they are mainly observing and shadowing, it may genuinely be work experience. The distinction affects pay, tax and contractual obligations.
- Check whether National Minimum Wage applies. Most interns doing real work are entitled to at least the National Minimum Wage for their age bracket. Exemptions can apply for students on placements that form part of a UK-based further or higher education course, and for genuine volunteers at charities. Check the current position on gov.uk before deciding not to pay.
- Put the offer in writing. A clear offer letter sets out the role, start and end dates, hours, any pay or expenses, and who the person will report to. Even for short unpaid placements, a written offer reduces misunderstandings and gives both sides something to refer back to if questions arise later.
- Cover health, safety and safeguarding. Employers owe health and safety duties to interns and work experience participants just as they do to employees. A proper induction, a workplace tour, and clear instructions on who to speak to if something goes wrong are essential. Extra care is needed where the placement involves anyone under 18.
- Protect confidential information sensibly. Interns often sit close to commercially sensitive material, client data or early-stage projects. A short confidentiality undertaking, proportionate to the placement, helps set expectations without being heavy-handed. Make sure any data protection obligations under UK GDPR are reflected in how the placement is run.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Do I have to pay an intern in the UK?
In most cases, yes. If the intern is doing real work and has set duties, they are likely to be classed as a worker and entitled to at least the National Minimum Wage for their age. Short placements that are part of a UK further or higher education course, and genuine volunteer roles at charities, can be exceptions. If you are unsure, check the current guidance on gov.uk before agreeing unpaid terms.
Q What is the difference between an intern and a volunteer?
A volunteer freely gives their time, usually to a charity or voluntary organisation, without expecting payment beyond reasonable expenses and without any contractual obligation to turn up or perform tasks. An intern, by contrast, is typically working within a commercial business, often with set hours and duties. That difference in substance is what tends to trigger worker status and minimum wage rights for interns.
Q Do interns get holiday pay?
If the intern qualifies as a worker under UK law, they are entitled to paid statutory holiday, accruing from day one of the placement. The amount is calculated pro rata based on the hours worked. Genuine volunteers and those on qualifying student placements may fall outside these rules. It is worth confirming the intern's status early so holiday entitlement can be built into the plan.
Q Do I need a written contract for a work experience placement?
There is no strict legal requirement for a formal contract on every short placement, but a written agreement or offer letter is sensible for any arrangement. It sets expectations, confirms dates, records any payment and covers essentials like confidentiality and health and safety. For paid internships that look and feel like employment, a proper contract reflecting worker or employee status is usually appropriate.
Q Can I ask an intern to sign a confidentiality agreement?
Yes, and for many placements it is a good idea. Interns may see client lists, draft documents, pricing information or product plans. A short, proportionate confidentiality undertaking helps protect the business without being overbearing. The scope should match the placement: a two-week observational role needs something lighter than a six-month placement involving live client work.
Q What health and safety duties apply to interns?
Employers owe interns and work experience participants the same core health and safety duties as other staff. That includes a suitable induction, a safe working environment, risk assessments for the tasks they will do, and clear reporting routes if something goes wrong. Where the placement involves a young person under 18, additional risk assessment requirements apply and parental consent may be needed.
Q Can an intern bring an employment tribunal claim?
If an intern is legally a worker or employee, they can potentially bring claims relating to unpaid wages, unlawful deduction from wages, holiday pay, or discrimination. HMRC can also investigate unpaid National Minimum Wage and recover back pay with penalties. Treating interns fairly from the start, with clear paperwork and the right pay, is the simplest way to avoid these risks.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovEmployment rights and pay for interns – gov.ukgov.uk
- Guidance · UK GovNational Minimum Wage and National Living Wage rates – gov.ukgov.uk
- Guidance · UK GovVolunteering and the law – gov.ukgov.uk
Legal helpline
Unsure if your intern should be paid?
Getting the status of an intern or work experience placement wrong can lead to back-pay claims and HMRC involvement. An experienced legal adviser can talk you through the practical points based on what you describe about your placement.
- Plain-English answers to your specific questions about the placement
- Practical perspective on whether worker status is likely to apply
- What to watch out for on pay, hours and confidentiality in your case
- Clarity on your next steps before the placement starts
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.