An employer wants an unpaid trial: when might minimum wage be due?

A trial label does not remove wage rights

Under UK minimum wage law, whether an unpaid trial must be paid depends on the actual circumstances, not on the label the employer uses. The government guidance explains that a person asked to do a “trial”, “test” or “recruitment exercise” may still be a “worker” and therefore entitled to the minimum wage. There is no statutory definition of a trial work period, and no fixed rule that says a certain number of hours is always free. The key question is whether the arrangement is genuinely for recruitment or is really work that benefits the business.

In the government’s view, a trial lasting longer than one day in a real work environment is likely to create an entitlement to minimum wage in all but very exceptional circumstances. A trial of only a few hours may sometimes be reasonable and unpaid, because its main purpose is to test the applicant and the work has little or no value to the employer beyond that. But there is no automatic allowance for one day or two hours. Each case is assessed on its own facts by HMRC enforcement officers and, if necessary, by courts or tribunals.

Ask before attending

Before you attend an unpaid trial, ask the employer in writing for the following details: the exact tasks you will be asked to do, the expected start and finish times, whether you will be observed and by whom, whether the vacancy is genuine, and what pay, if any, will be provided. Ask specifically whether you will be serving customers, handling orders, or completing normal production work, or whether you will mainly be watched while you demonstrate a skill. Save the invitation and any replies.

If the employer later extends the trial, asks you to cover a shift, or gives you new instructions, record those changes in writing. Do not assume that the original invitation describes all the work you will actually do. The legal assessment is based on what happens in practice, not just on what was agreed in advance.

Keep a factual work record

During the trial, note the date, start and finish times, breaks, the tasks you performed, who supervised or observed you, and whether the results of your work were used by the business. Separate clearly between time spent watching or being assessed and time spent performing duties that a paid worker would normally do. Keep your own messages and notes, but do not copy customer records, confidential systems, or any material that belongs to the employer.

If the employer says the trial is exempt from minimum wage, ask them to explain the legal basis and to identify any specific government scheme they rely on. A free meal or a promise of a future job offer does not explain why the work should be unpaid. Ask how the employer assessed payment for the actual trial period.

If the answer remains disputed

If you believe the trial should have been paid and the employer disagrees, you can raise the issue with HMRC, which assesses complaints against the actual arrangements. Courts or tribunals can decide disputed worker status. When you ask for correction or seek advice, provide the dates, times, tasks, and any written instructions you received. Keep the wage question separate from whether the employer must hire you; the two are different issues.

This article cannot determine whether a specific trial must be paid based on an advert or a description, and it does not promise any enforcement result. The outcome depends on the precise facts and on the assessment of the relevant authority.

Illustrative example: comparing a short test with a full shift

Hypothetical comparison: one applicant demonstrates a skill in a supervised test, while another is asked to cover routine customer work during a staff absence. Record the actual tasks, duration, observation and value to the business in each arrangement. Ask how that arrangement was assessed for worker status and minimum wage. A short duration is one fact, not an automatic free-work allowance; a test label cannot decide the second arrangement. Neither illustration promises a finding about a specific trial.

Next steps if unresolved

If pay remains disputed, take the invitation, actual work log, instructions and employer response to Acas or a specialist for advice on the applicable minimum-wage complaint or tribunal route. Ask what status and period must be established, and check deadlines while the complaint is considered. Do not wait for an enforcement outcome before asking about another time limit. A wage claim and a demand to be hired are different issues.

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