Unpaid work trial

A trial can become work

An unpaid work trial asks a candidate to complete tasks so an employer can assess whether they can do the job. UK law does not set one automatic maximum length or exemption for every recruitment trial. The real question is whether the arrangement makes the candidate a worker entitled to minimum wage.

A genuine, observed test that lasts only as long as needed to assess the skill is less likely to be work. A long trial in the real workplace, producing useful output with little observation, looks more like ordinary labour. The task, duration, supervision and value to the business all matter.

The official minimum-wage guidance says that a trial lasting longer than one day is likely to attract minimum wage in all but very exceptional circumstances. That is guidance on the facts, not a safe unpaid allowance for anything shorter.

Test only what the decision needs

Define the skill you need to see and choose the shortest fair exercise that demonstrates it. Use a simulated task where possible. Tell the candidate what will happen, how long it will take, whether it is paid and what reasonable expenses will be covered.

Apply the same exercise and assessment criteria to comparable candidates. Check for reasonable adjustments and avoid using a trial to collect work the organisation would otherwise pay someone to do.

Do not confuse two different work-trial routes

Jobcentre Plus can arrange a specific government work-trial scheme for an unemployed person receiving benefits. The Jobcentre Plus employer guidance explains that separate route and its conditions. It does not make an employer's ordinary trial shift part of the scheme.

Keep the invitation, task, timing, assessor notes and pay decision with the recruitment record. If the exercise becomes productive work or runs longer than planned, stop treating it as unpaid and check the minimum-wage position.