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BEIS updates guidance on calculating the NMW/NLW to include unpaid work trials

Makbool Javaid
negotiating a pay rise

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

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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