Internships are a good way for young people to see the world of work at first hand.
But there’s an important principle: if you are working, you should get paid. It’s a moral thing. Just because the young are capable of being exploited doesn’t mean that organisations should exploit them.
It’s also a legal thing. There are exclusions from the national minimum wage. Volunteers are among them. So are work experience placements – for a couple of weeks or so.
Internships can fall inside or outside the minimum wage system. A key legal distinction for an unpaid role is that nothing must be expected of the intern. They cannot be under an obligation to turn up on certain days of the week or for certain hours, to do any particular work or provide any particular service. If they are, then this is a job of work, not an internship. And is covered by national minimum wage.
You don’t have to look hard to find widespread and flagrant breaching of these laws. They are rife and increasing in the media industry, as media blogger Sally Whittle noted. Here are just a few examples culled today from the Gorkana PR job list:
Sport.co.uk, Content writers – Unpaid….
London-based Sport.co.uk, is offering a number of exciting opportunities to young and aspiring journalists looking to gain work experience and build their byline credits. Applicants have the choice of work experience in the office, writing on a freelance basis from home, or a combination of both. Opportunities to interview stars of the sports world, the chance to produce features, blogs and news articles and partake in the sport.co.uk team’s commissioning process will all be made available.
Mizz, Unpaid Feature Writers….
Mizz are currently looking for unpaid contributors to write features for the magazine – if you are looking for features or a byline please contact lsaxton@panini.co.uk
Resource Media, Editorial Assistant – Unpaid…
Resource Media is a social enterprise based in the centre of Bristol that specialises in publishing periodicals for the UK’s environmental industries (www.resource.uk.com).
Are you looking to break into magazine publishing? We require a part-time, volunteer editorial assistant to work on our environmental publications. You are likely to be educated to degree level, have an eye for detail and some experience in journalism or the publishing industry. Duties include copy chasing, research, writing, proofreading, website editing and design.
These look, sound, smell, walk and quack like unpaid jobs. And that’s illegal.
It’s not just struggling media companies. Respected charity Oxfam seems to be having difficulty understanding the law. Here’s this.
Information Management Assistant for Digitisation and Repository Project
Location: Oxford- Oxfam House
Commitment: Minimum three days a week for up to six months: ideally full time for up to six months…
Key Responsibilities:
Create an updated listing of books for digitisation, checking on existing digital files for quality, and preparing metadata for all products. Source printed copies where needed.
Create an updated listing of policy and research papers for digitisation either from print or from existing files, and prepare metadata and provide copy for replacement title and copyright pages.
Work with the Oxford-based sales office of the Chennai-based digitiser to deliver materials for digitisation, check quality and receive back final digital files before submitting them to the Google BookSearch programme
Review and where necessary rewrite product descriptions for the repository to high level SEO (search engine optimisation) standards. Check descriptions are suitable for external audiences (remove Oxfam jargon)
Work with the Research Team on research reports and materials; with the Programme Performance and Accountability Team on Programme Evaluations; and across the organisation to source materials from Country and Regional programme offices.
This and plenty more, are available on Oxfam’s website.
Everything about that says it’s a job. There’s an application form, with a deadline, and interview and start dates. So why doesn’t Oxfam pay a wage, in accordance with the law?
The fact that they don’t means that they recruit interns from comfortably-off backgrounds who are able to live without an income. The interns will be more likely to get salaried positions when they come up. The result is increased inequality of opportunity, fuelled by an organisation committed to fighting poverty. Big charities as well as media companies are likely to end up “hideously posh”. Some would argue they are already.
I’ve asked Oxfam’s press office for their reasons for such apparent breaches of the law. I’ll post their reply here.
Meantime, here’s the advice given to MPS, themselves long-standing users of interns, from w4mp, a website maintained by the resources department of the House of Commons:
Remember – you must always make clear that an expenses-only intern is under no obligation to provide services for you, work certain number of hours/days, or perform particular tasks. The emphasis should be on their educational and career development – what you can do for them, rather than what they can do for you. While it is all very well to make the initial promise that an intern is under no obligation, this must be adhered to throughout the internship – even if you find changes to the duties and volume of parliamentary work are threatening to overtake agreements initially made.
My advice to anyone who has worked for an organisation in a role thinly disguised as an intern is to invoice for the hours they put in. The national minimum wage applies, and has to be paid.

5 responses so far ↓
1 Mark Watson // Feb 3, 2010 at 5:45 pm
You are absolutely right, well said!
There are many, many companies who are doing this, and many who know that what they are doing is entirely illegal. They rely on the fact that young people will not make a complaint because they do not want to harm their career prospects. As a result they have an endless stream of workers without the bother of actually having to pay them.
One thing though, in terms of Oxfam, they are exempt from the minimum wage regulations because they are a charity. Workers in this case would not have to be paid (legally at least) because they are classified as “voluntary workers” and can therefore be unpaid.
However if you want to see which employers are doing this kind of thing entirely illegally, then have a look here:
http://www.tvwatercooler.org/viewforum.php?f=3
We like to ask employers why they are not paying the minimum wage when it looks like they should, and when they don’t have a good reason we post it all up on the site so everyone knows who the offenders are!
Mostly TV and Film jobs, but there has been a fair number of MPs as well, and assorted others. If anyone wants to shop an employer, feel free to go down there and we’ll do the rest – entirely free of course!
2 PJ White // Feb 4, 2010 at 10:11 am
Hi Mark, well done for keeping the pressure on. I’ll flag up your site on some other forums.
The Oxfam charity thing is more complex than you say. Charities don’t have any special exemption. Yes, they use volunteers. (So. incidentally, can any organisation.) But volunteers’ status is different from workers’, not just because they don’t get paid but because the whole relationship and expectations are different. To me (and I would have thought to any observer) the Oxfam offers are clearly contracts of employment. In form and substance they are identical to a job ad. That’s why national minimum wage applies – and just because the company is registered as a charity doesn’t alter anything.
Good luck with the campaign. Love the name, in case people missed it – The SWEAT (Stop Work Experience Abuse Today) campaign.
3 Mark Watson // Feb 4, 2010 at 7:34 pm
Hi PJ, thanks for your support, and thanks also for flagging our site elsewhere, it all helps!
In terms of charities having an exemption, it is all laid out here:
http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_175114
I’ve copied the relevant detail below but essentially this is not about being a “volunteer”. As you say, anyone can do that for any organisation but with charities this is different because they can use people as workers but not be required to pay the NMW because they are in a category called “voluntary workers”, and thereby not due the NMW.
Here’s the detail:
Voluntary workers
Voluntary workers are different to volunteers for NMW purposes. For NMW purposes, to be a voluntary worker you must have an employment contract or contract to perform work or provide services for a charity, voluntary organisation, associated fund raising body or statutory body. You should receive no more than limited expenses and benefits in kind and are not entitled to be paid the NMW.
4 PJ White // Feb 4, 2010 at 8:53 pm
Thanks, Mark, that’s helpful.
I take your point that there’s some difference in law between volunteer and voluntary worker. But I confess I don’t I understand it. And I find the direct gov stuff a bit garbled and hard to believe. To say you have an employment contract and at the same time you are not employed is too sophisticated for me.
There’s this from the National Council for Voluntary Organisation’s legal briefing. It starts saying:
“There is currently no legislation specifically covering volunteer workers. Neither is there any legal definition of what a voluntary worker is. Organisations have to be careful that the volunteers don’t become employees in the eyes of the law.”
and ends up with a warning:
“Remember you cannot ‘require’ anything of your volunteers. They cannot be bound by contractual obligations without being considered employees by employment tribunals. For example, if you think it would be best that volunteers remain with you for a certain period of time, you should phrase it such that it is not a demand, but only a hope ‘that the volunteer have a long, pleasant stay’ with your organisation. Such statements should be reflected in your working practice. Flexibility should be shown toward volunteers who fail to fulfil their expectations.”
http://www.ncvo-vol.org.uk/advice-support/workforce-development/hr-employment-practice/managing-volunteers/legal-status
I heard from Oxfam today. They’re working on a response and going to get back to me. I suspect it may be along the lines you say. But even if they feel legally covered (and without a test case tribunal I suspect they won’t know), I still have misgivings about their ethical position.
5 Mark Watson // Feb 5, 2010 at 2:41 pm
I agree there! If they can pay their workers to do work for them, why should they not be paying someone they take on and expect to do work within set hours etc, simply by calling them “voluntary”?
And yes, this idea that people can be unpaid simply because they are “volunteers” (on the basis that they accept that they won’t be paid) is utter bosh. Treat them like a worker and they most certainly should be paid – ethically and legally!
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