Fashion Intern: Know your employment rights!

Learn about the employment rights for interns...   

 

At some point in most fashion or creative career paths, you're probably going to need to intern for a while, e.g, work for free. It's an unavoidable truth, and can offer you unparalleled experience, but it's vital you are clued up on your rights as an intern. 

We say: Never be afraid to ask.

Always bring up the possibility of pay, or at very least expenses, in your first meeting or correspondence. It can't hurt, and will demonstrate your diligence. If they say no, have a look into your rights to pay, and weigh up the value of the experience in your own eyes compared to the cost to you.

 

See below for info that we found on the direct gov website, and there's loads of other info out there too:
 

RIGHTS FOR INTERNS

An intern’s rights depend on their employment status. If an intern is classed as a worker, then they’re normally due the National Minimum Wage.

Internships are sometimes called work placements or work experience. These terms have no legal status on their own. The rights they have depend on their employment status and whether they’re classed as:

·    a worker

·    a volunteer

·    an employee

If an intern does regular paid work for an employer, they may qualify as an employee and be eligible for employment rights.

Rights to the National Minimum Wage - An intern is entitled to the National Minimum Wage if they count as a worker.

Employers can’t avoid paying the National Minimum Wage if it’s due by:

·    saying or stating that it doesn’t apply

·    making a written agreement saying someone isn’t a worker or that they’re a volunteer

Promise of future work - An intern is classed as a worker and is due the National Minimum Wage if they’re promised a contract of future work.

 

When interns aren’t due the National Minimum Wage

Student internships

Students required to do an internship for less than 1 year as part of a UK-based further or higher education course aren’t entitled to the National Minimum Wage.

School work experience placements

Work experience students of compulsory school age, ie under 16, aren’t entitled to the minimum wage.

Voluntary workers

Workers aren’t entitled to the minimum wage if both of the following apply:

·    they’re working for a charity, voluntary organisation, associated fund raising body or a statutory body

·    they don’t get paid, except for limited benefits (eg reasonable travel or lunch expenses)

Work shadowing

The employer doesn’t have to pay the minimum wage if an internship only involves shadowing an employee, ie no work is carried out by the intern and they are only observing.