The BEIS has published updated guidance on calculating the NMW/NLW to include advice on unpaid work trials as part of a recruitment process to help decide whether the individual has the skills for the job. Often this will be a legitimate practice, but the BEIS state that some employers may use unpaid trial work periods to obtain work or services for which the NMW / NLW should be paid. Whether a work trial results in a contract requiring the NMW/ NLW to be paid will depend on the circumstances of the case and pages 20 to 21 set out the factors which a court or tribunal is likely to take into account when deciding whether a work trial requires payment of the NMW/NLW.

The updates are kindly provided by Simons Muirhead & Burton Law firm

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