Member

103: After Clause 26, insert the following new Clause— “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) insert—“(3A) “No 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 Application of this Act to persons undertaking work experience (1) The Secretary of State must, in exercising the powers under 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) The Secretary of State must make regulations in accordance with subsection (1) within a period of six months, beginning with the day on which the Employment Rights Act 2025 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 attained 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—“employer” has the meaning given to it by subsection 54(4) of this Act (Meaning of “worker”, “employee” etc.), and also includes any organisation which provides an individual with work experience;“work experience” means observing, replicating, assisting with and carrying out any task with the aim of gaining experience of a particular workplace, organisation, industry or work-related activity.””Member’s explanatory statement This amendment seeks to ensure that unpaid work experience cannot be used to avoid National Minimum Wage regulations.