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As part of its ‘Make Work Pay’ agenda, the government has launched a ‘call for evidence’ asking for views on banning unpaid internships.

The stated aim is to strengthen protections for young workers, tackle non-compliance with the National Minimum Wage (NMW) and ensure that opportunities are accessible regardless of background. The consultation runs until 9 October 2025, with a response expected early in 2026.

Historically, many employers have not paid individuals for carrying out internships and similar roles. However, where someone performing such a role meets the legal definition of ‘worker’, they are entitled to be paid at least the NMW and benefit from certain other basic employment rights.

The government is particularly concerned about unpaid internships and other unpaid roles that may be misclassified, leading to NMW breaches. Under current rules, students enrolled at UK further or higher education institutions do not have to be paid the NMW if they are undertaking a compulsory work placement that lasts no longer than 12 months and forms part of their course. This exemption does not apply to UK or international students if the internship is part of an educational course based outside the UK – in those cases, the NMW applies. The government is seeking views on whether this exemption should be amended or removed, alongside feedback on when and why interns are unpaid or paid below NMW, and whether the term ‘intern’ should be defined in law.

The call for evidence also addresses unpaid work trials, which are not defined in legislation and can be open to abuse. While such trials can be lawful if genuinely used to assess a candidate’s suitability for a role, government guidance is that NMW may still apply depending on the circumstances – such as the trial’s length, whether the tasks have value to the employer beyond assessment, and whether the process is being used to reduce labour costs.