Guide

Unpaid trial shifts: are they legal?

Asked to work a trial shift for free? Here's where the line is.

Where the line is

A short, unpaid trial can be lawful if it's a genuine assessment of your skills. If you're doing real work the business benefits from, for a normal shift, you're likely to be working and entitled to at least the minimum wage.

Signs it should be paid

  • It lasts a full shift, or several
  • You're doing the same work as paid staff
  • You're on the rota or covering for someone
  • You're told you'll only be paid if you get the job

What to do

Keep a note of the date, times and what you did. Ask for payment in writing. If you're not paid, you can contact Acas or report it to HMRC.

A worked example

A café asks you to work a 'trial' from 8am to 2pm on a Saturday, serving customers alone at the counter. That's 6 hours of real work. At the 21-and-over minimum, you'd be owed at least £76.26. At 18 to 20, £65.10.

A 30-minute task in the kitchen while a manager watches, with no customers served, is much closer to a lawful unpaid assessment.

Before you agree

  • Ask how long the trial is and whether it's paid. Get the answer by message or email.
  • Ask what you'll be doing. Serving customers on your own is real work.
  • Keep a note of your start and finish time and who was there.

Keep your own record

Log each shift as you finish it in Shiftaan and you'll always know which ones are still unpaid. Start free, no card needed.

Common questions

Do I have to be paid for a trial shift?

If it's more than a short genuine assessment and you're doing real work, you should be paid at least the minimum wage.

How long can an unpaid trial be?

There's no set limit, but the longer it is and the more real work you do, the more likely it should be paid. A short skills test is different from working a shift.

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