Are Unpaid Internships Legal in the UK? Minimum Wage Rules 2026
Most unpaid internships are illegal in the UK if the intern is doing real work as a 'worker'. Here's how to tell the difference between a genuine work-experience placement and an unlawfully unpaid job.
The core legal test: are you a "worker"?
UK minimum wage law does not have a special category called "intern." What matters is whether the person meets the legal definition of a worker — someone who has a contract (which can be verbal or implied from the arrangement) to perform work personally, and is not genuinely running their own independent business in relation to that work.
If an internship involves:
- Set or expected working hours or days
- Specific tasks the person is expected to complete
- An expectation that the person, not a substitute, does the work
- Some form of ongoing supervision or direction
...then the person is very likely a worker, and is entitled to at least the National Minimum Wage for every hour worked, regardless of what the arrangement is called.
Minimum Wage Calculator
Check the UK National Living Wage and National Minimum Wage rates for 2025.
Open Minimum Wage calculatorWhen unpaid work experience CAN be lawful
There are narrow, genuine exceptions where unpaid arrangements are lawful:
| Exception | Conditions |
|---|---|
| Work shadowing | No set tasks are assigned — the person simply observes, with no obligation to do any work |
| Charity volunteering | Work is for a registered charity, voluntary organisation, or statutory body, with no contractual obligation to attend or complete tasks |
| Student work placement | The placement is a required part of a UK-based further or higher education course, and lasts no more than one year |
| Certain government schemes | Some specific government employment or training schemes have statutory exemptions |
National Minimum Wage rates for 2026/27
If an internship is genuinely paid work (i.e. the person is a worker), the applicable rate depends on age:
| Age band | Hourly rate (2026/27) |
|---|---|
| National Living Wage (21+) | £12.71 |
| 18–20 | £10.85 |
| 16–17 | £8.00 |
| Apprentice rate | £8.00 |
Take-Home Pay Calculator
Calculate your net salary after income tax, National Insurance and student loan deductions.
Open Take-Home Pay calculator"Expenses only" internships
Some employers offer to cover "expenses" (travel, lunch) instead of paying a wage. This is only lawful if:
- The payments genuinely reimburse costs actually incurred by the intern, and
- The arrangement does not function as a disguised payment for the work done.
If the "expenses" are a flat daily or weekly sum regardless of actual costs, and effectively substitute for wages, HMRC and tribunals are likely to treat the arrangement as disguised pay for work — meaning the National Minimum Wage still applies on top of, or instead of, the "expenses."
What happens if an internship was unlawfully unpaid
An intern who was in fact a worker and wasn't paid at least the National Minimum Wage can:
- Raise the issue directly with the employer and ask for back pay.
- Complain to HMRC, which can investigate, order the employer to pay arrears, and impose financial penalties of up to 200% of the arrears (capped per worker).
- Bring an employment tribunal claim for unlawful deduction from wages or unpaid wages, generally within 3 months of the last unpaid payment, and can potentially recover arrears going back up to 6 years.
Interns vs apprentices — different legal categories
An apprentice has a distinct legal status under a formal apprenticeship agreement or approved English apprenticeship, and is entitled to at least the Apprentice Rate of the National Minimum Wage (or the relevant age-based rate if that's higher, once they've completed the first year of the apprenticeship and turned 19). An "intern" has no equivalent special legal category — their pay rights depend entirely on the ordinary worker test above.
Practical tips
- If you're offered an "unpaid internship" with set hours and defined tasks, ask specifically how the arrangement fits one of the narrow lawful exemptions — if it doesn't, you are very likely entitled to be paid.
- Keep a record of your actual hours, tasks, and any instructions given, in case you need to evidence worker status later.
- If you believe you're owed back pay, contact ACAS for free guidance before raising a formal claim.
Use the National Minimum Wage calculator to check what you should have been paid for the hours worked.
Frequently asked questions
Are unpaid internships legal in the UK?
Only in limited circumstances. If an intern is classed as a 'worker' — with set hours, specific tasks, and an obligation to do the work personally — they are legally entitled to at least the National Minimum Wage, regardless of whether the role is labelled an 'internship'.
What internships can legally be unpaid?
Genuine work shadowing with no set tasks, voluntary work for a registered charity with no obligation to attend or perform tasks, and work experience that is a required part of a UK-based further or higher education course (up to one year) can be lawfully unpaid.
Does calling someone an 'intern' avoid minimum wage obligations?
No. Job titles like 'intern', 'volunteer' or 'trainee' have no legal effect on their own — HMRC and employment tribunals look at what the person actually does and whether they meet the legal definition of a worker, regardless of title.
Can I claim back pay if I was wrongly unpaid as an intern?
Yes. If you were a worker entitled to the National Minimum Wage, you can claim arrears going back up to 6 years via an employment tribunal claim, and HMRC can also separately investigate and enforce payment, alongside financial penalties for the employer.
Does a 'expenses only' internship comply with minimum wage law?
Only if the payments are genuinely for expenses actually incurred (e.g. travel, lunch) and don't function as disguised wages. If the 'expenses' effectively pay for the work done rather than reimbursing costs, the arrangement can still be found unlawful.
What's the difference between an intern and an apprentice for pay purposes?
An apprentice has a specific legal status under an apprenticeship agreement and is entitled to at least the Apprentice Rate of the National Minimum Wage (or the age-based rate if higher), whereas an 'intern' has no special legal status — their pay entitlement depends entirely on whether they meet the definition of a worker.
Try the calculators
Related reading
Apprentice Pay Progression: What Happens After Your First Year (2026)
The Apprentice Rate only applies for your first year or while you're under 19 — after that, your pay jumps to the full age-based minimum wage. Here's exactly how the progression works.
Casual Worker Employment Status UK 2026: What Rights Do You Have?
'Casual worker' isn't a fixed legal category — your actual rights depend on whether you're an employee, worker, or genuinely self-employed. Here's how to work out your status and what it means for pay and protection.
Agency Worker Rights UK 2026: The 12-Week AWR Rule Explained
The Agency Workers Regulations 2010 give temps equal pay and conditions after 12 weeks in the same job. Here's how the qualifying period works, what changes, and what doesn't.