Do You Have to Pay Work Experience Participants? A Legal Guide for UK Businesses

Work experience is often a crucial stepping stone for young people and career changers - but if you’re running a business in the UK, the big question is: Do you get paid for work experience?

It’s easy to assume that because “work experience” is often short-term or educational, there’s no need to worry about wages or contracts. But in reality, the legal requirements can be surprisingly complex, and getting this wrong may land your business in hot water.

Navigating work experience pay, employment status, and legal obligations is essential for any responsible employer. Don’t stress - in this straightforward guide, we’ll walk you through the legal basics, best practices, and practical steps so you can host work experience placements confidently and compliantly.

Keep reading to find out exactly when work experience participants need to be paid, when exceptions apply, and what you need to put in place for your business to avoid risk.

What Counts as Work Experience in the UK?

First things first - what exactly do we mean by “work experience”?

In a broad sense, work experience involves giving someone (usually a student, recent graduate, or career changer) a short-term placement in your business so they can:

• Observe how your workplace operates
• Shadow employees and get a feel for day-to-day tasks
• Try out some basic, supervised work
• Build confidence and skills relevant to your industry

You’ll commonly see this in:

• School-organised work experience weeks (often Year 10/11 students)
• University course placements (sometimes called “sandwich years” or “industry placements”)
• Short unpaid internships or taster weeks

But here’s the catch: the label (work experience, internship, placement, taster, volunteer) doesn’t necessarily determine whether a participant is entitled to be paid. What matters is the nature of the work and the legal status of the participant.

Do You Get Paid for Work Experience? The Legal Basics

The “do you get paid for work experience” question is actually all about employment status and the UK’s Minimum Wage laws. Certain types of placements require payment at least at the National Minimum Wage, while others may lawfully be unpaid. Let’s break down the key categories:

1. Is the Person a “Worker”?

The most important factor is whether your work experience participant counts as a “worker” or “employee” under UK law. This is not decided by what you call them, but by what they actually do and how the placement is run.

A person is likely a worker if they:

• Have set hours or responsibilities, like regular staff
• Are expected to carry out productive work (not just shadowing or learning)
• Are required to turn up and do tasks for the business’s benefit

If this applies, then work experience pay is mandatory - and you usually need to pay at least the National Minimum Wage for every hour worked.

2. When Can Work Experience Be Unpaid?

However, there are key exceptions where unpaid placements are legal. You usually don’t have to pay if:

• The participant is only observing or shadowing (no real work or business benefit)
• The placement is part of a UK-based higher or further education course and lasts under 1 year (a “sandwich” placement)
• The individual is working for a charity, voluntary organisation, or as a genuine volunteer (with no contractual obligation or set hours)
• The placement is part of a statutory work placement scheme (for example, organised by Jobcentre Plus)

The Government's guidance for employers offers more detail, but this is the broad outline. Be aware: if the lines get blurred (e.g. a volunteer being asked to do essential business tasks), this could tip into worker status, triggering pay rights.

When Is Work Experience Paid? Typical Scenarios Explained

School Work Experience (Year 10/11)

For most secondary school work experience (typically 1-2 weeks), organised through the school as part of the curriculum, you do not normally need to pay. These are short observational spells and students are not expected to do productive work. Offering lunch or travel expenses is good practice, but payment isn’t legally required in most cases.

University Course Placements

If the work experience is a formal element of a UK-based higher education course (such as a sandwich year or mandatory placement), and the placement lasts less than 1 year, you aren’t required to pay minimum wage - though some employers choose to offer a stipend.

However, for non-mandatory internships or graduate roles (not part of a degree), the standard minimum wage rules do apply.

Internships and Work Trials

This is where many businesses get caught out. If your intern or work experience student is:

• Carrying out work that benefits the business
• Has regular hours or duties
• Is not doing the placement for academic credit

…then they must be paid at least minimum wage - regardless of what you call the scheme. There are rare situations where a short “work trial” (like 1-2 days) is voluntary, but anything more should be paid.

If you’re considering unpaid internships, check our in-depth guides on employment status and rights and why getting it wrong can mean big employment tribunal risks.

Voluntary Roles

Genuine volunteers (e.g. helping at a festival or charity) are not entitled to pay as long as:

• There’s no contract obliging them to turn up at set times
• No commercial benefit to the business (for-profit sectors are rarely eligible)

Pay becomes due if you start treating them as regular staff (set shifts, contracted duties, rewards beyond expenses).

What Are the Legal Risks If You Don’t Pay?

If you wrongly classify a worker or intern as unpaid, consequences can include:

• Liability for unpaid wages (going back 2 years, sometimes 6), plus interest
• Penalties from HMRC for breaching National Minimum Wage rules
• Employment tribunal claims for back pay and possible negative publicity
• Damage to your employer reputation among future applicants

The safest approach? If in doubt, pay minimum wage - unless you fall under the clear exceptions outlined above.

For more on avoiding costly mistakes when managing staff, check out our guide to common small business mistakes.

What Agreements and Documents Should You Have in Place?

While “work experience” often sounds informal, there are legal steps you should always take to protect your business and the participant.

• Written Agreement: Use a clear, tailored work experience agreement or a bespoke work experience contract to set out each party’s responsibilities, duration, pay (if any), and confidentiality.
• Parent/Guardian Consent: For under-18s, always have written consent from a parent or guardian for the placement, plus emergency contact details.
• Staff Handbook/Policies: Give your participant access to your staff handbook, health & safety policies, and codes of conduct.
• Insurance: Make sure your business insurance (employers’ liability, public liability) covers work experience participants - most policies do, but check the small print.

It’s always best to have your agreements drafted or reviewed by a professional to ensure they meet UK requirements. Avoid using generic templates - they rarely cover everything you need and may not hold up if there’s a dispute.

What About Health, Safety, and Safeguarding?

When taking on work experience participants, you have the same health and safety responsibilities as for employees. This includes:

• Conducting a risk assessment for the placement
• Providing appropriate supervision and support (especially for under 18s)
• Ensuring staff are DBS (criminal record) checked if participants are classed as children or vulnerable adults
• Giving a full induction covering safety, reporting concerns, and policies

Failing to meet these requirements could lead to regulatory action or legal claims if something does go wrong.

To find out more, see our full guide on health and safety duties for UK workplaces.

How to Handle Expenses and Perks

Even if a placement is genuinely unpaid, it’s good practice - and sometimes required - to cover basic expenses, especially for young or disadvantaged participants.

• Travel and Lunch: Reimburse travel to/from work and basic meals. This keeps things fair and inclusive.
• No Perks in Place of Pay: You cannot replace pay with “perks” (like offering retail vouchers, tickets, etc.) as this may breach National Minimum Wage rules.
• Keep Records: Document what expenses you cover and communicate the policy in writing.

Are There Other Legal Considerations for Work Experience?

Yes! If you’re hosting work experience, don’t forget other compliance duties:

• Comply with the Data Protection Act 2018 and GDPR if you gather, store, or process any participant data (keep it secure, explain what you do with it, and limit access)
• Make reasonable adjustments for participants with disabilities (to comply with the Equality Act 2010)
• Ensure you don’t discriminate during selection or the placement itself
• Keep accurate records of the dates, agreed terms, and any pay

It might feel like a lot to keep track of - but getting these steps right upfront protects your business and your participants from day one.

Work Experience Pay - Frequently Asked Questions

• Do you get paid for work experience in the UK?
  Only if the participant meets the “worker” criteria and isn’t covered by an exception (school-aged, mandatory sandwich placement, pure observer/volunteer). When in doubt, pay minimum wage.
• What if we call it a “work placement” or “internship”?
  The law cares about what the participant does, not what you call it. If it looks like work, pay is usually required.
• Can we just offer expenses?
  Expenses are good practice, but cannot substitute for pay if the person is legally a worker.
• Is there a risk of a claim if we don’t pay?
  Yes! HMRC can investigate, and work experience participants can bring claims for unpaid wages.

If you’re ever unsure, speak to an employment law expert before onboarding a new work experience student or intern.

Key Takeaways

• Whether you need to pay work experience participants in the UK depends on their actual role and legal status, not what the placement is called.
• Most “workers” and interns must be paid at least National Minimum Wage - with only a few exceptions for school or degree-linked placements, pure observation weeks, and true volunteering.
• Not paying when required can lead to claims for back pay, HMRC penalties, and reputation damage.
• Always have a clear work experience agreement, insurance cover, and follow health, safety, and safeguarding policies for all placements.
• If in doubt, seek tailored legal advice - DIY solutions (or assumptions) can be costly for employers.

Still have questions about paying work experience placements, employment contracts, or setting up agreements for your business? We’re here to help!

For expert legal guidance tailored to your situation, reach out to Sprintlaw at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.