Unpaid Work Experience (Prohibition) Bill [HL] (HL Bill 18)




Make provision for the prohibition of unpaid work experience exceeding four
weeks; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Prohibition of unpaid work experience for a period exceeding four weeks

(1) The National Minimum Wage Act 1998 is amended as follows.

(2) After section 3(3) (exclusion of, and modifications for, certain classes of person)

(3A) 5No provision shall be made under subsection (2)(a) in respect of
persons participating in a scheme designed to provide work experience
for a continuous or non-continuous period which exceeds four weeks.”

(3) After section 41 (power to apply Act to individuals who are not otherwise
“workers”) insert—

41A 10Application of this Act to persons undertaking work experience

(1) The Secretary of State must, in exercise of the powers granted by section
41, provide that this Act applies to a person undertaking work
experience with the same employer for a continuous or non-continuous
period which exceeds four weeks.

(2) 15The Secretary of State must make regulations in accordance with
subsection (1) within a period of six months, beginning with the day on
which this Act is passed.

(3) Such regulations must provide that a person undertaking such work
experience who has ceased to be of compulsory school age, but has not
20attained the age of 26, is eligible to receive the national minimum wage
at the rate specified for workers of the person’s age.

(4) In this section—

Unpaid Work Experience (Prohibition) Bill [HL] Page 2

  • “employer” has the meaning given to it by section 54(4) of this Act,
    and also includes any organisation which provides an
    individual with work experience; and

  • “work experience” means observing, replicating, assisting with
    5and carrying out any task with the aim of gaining experience of
    a particular workplace, organisation, industry or work-related

2 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) 10This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Unpaid Work Experience (Prohibition) Act 2020.