Unpaid trial shifts: is it legal, and how long can a trial be?

The short answer

A trial shift is legal without pay only if the person is not a worker for the time of the trial. If they do work that helps your business, they are a worker and you must pay at least the National Minimum Wage for that time. Calling the shift a trial does not change this.

A short, observed assessment can be unpaid. No law says how short. The law does not define a trial period and sets no maximum length, so the answer to how long a trial can be is a judgement against GOV.UK's guidance, not a legal limit. This guide gives no safe number of hours because none exists.

Christmas hiring follows the same rules, with no seasonal exception.

Where these rules apply

The minimum wage rules and the right to work rules apply across the UK, in England, Scotland, Wales and Northern Ireland. The health and safety regulations and the written statement rule below apply in Great Britain. This guide has not checked the Northern Ireland position on those. The section on each nation below sets out what differs.

When a trial counts as work for the minimum wage

The minimum wage covers workers. A worker includes anyone who has a contract to do work personally for you, unless you are their client or customer. The contract can be written or spoken, and it can be implied from what happens in practice.

The person cannot agree to work unpaid. Section 49(1) of the National Minimum Wage Act 1998 makes void any provision in any agreement that tries to exclude or limit the Act.

Genuine assessment or productive work

GOV.UK's guidance looks at what the person actually does. The signs below are our plain-English reading of its factors and worked examples, not a legal test. These signs point towards a genuine assessment:

• a named person watches the candidate throughout
• the tasks are set up to test skill, such as a tasting for a panel that is not served to customers
• the trial is no longer than you reasonably need to test the person

These signs point towards work:

• the candidate covers a gap in your rota or a busy period
• the candidate does the same work as your paid staff, such as unobserved shifts, preparing food for sale or moving real stock
• you run trials as a routine way to fill shifts
• you trial several people at the same time to do regular work

Serving customers is not automatically work. GOV.UK treats a two-hour café trial, with the owner watching and guiding, as unlikely to need the minimum wage if the job advert is genuine.

Job shadowing is different. If the person only watches and does no work, the minimum wage does not apply.

Government trial schemes are a separate case

The only statutory exclusion for trials covers schemes run or funded by government, such as the Jobcentre Plus Work Trial. A trial you run yourself does not qualify.

Check right to work before the trial

Check the person's right to work before they do any work for you. From 1 October 2026 (status: in force), the right to work scheme covers people engaged under a worker's contract as well as employees. Anyone who personally works for you on a trial is likely to be covered.

The Home Office employer's guide and code of practice do not mention trial shifts. This advice is our reading of the new rule and not a Home Office statement.

If the candidate will only observe and do no work, no official source settles the position. Do the check anyway, or take independent legal advice.

Safety, insurance and young people

You owe a candidate on your premises the same safety duty as anyone else your business could put at risk. Give them an induction, a named supervisor and the safety information they need. Include them in your risk assessment.

Employers' liability insurance is compulsory for employees. No source we read says whether your policy covers an adult trial candidate. Ask your insurer in writing before the trial and keep the reply.

Under-18s

Someone who is still of compulsory school age has no minimum wage entitlement, but child employment rules apply instead. Your local council sets these rules.

A 16 or 17 year old who has left compulsory school age is entitled to the under-18 minimum wage rate for work they do. Make or review a risk assessment that considers their inexperience before they start. No source confirms whether this duty applies to an unpaid trial, so treat it as applying. Work experience arranged by a school goes through the school, not through your own trial.

Steps to run a trial lawfully

Work through these steps before you invite a candidate in.

No law requires a written trial agreement. The plan is useful evidence of a genuine assessment, but it cannot turn productive work into one.

If you decide to pay

Pay at least the minimum wage rate for the person's age for every hour worked. The rates are in the table below.

What differs by nation

The minimum wage and right to work rules are the same in all four nations. What differs is when a young person leaves compulsory school age and who sets the rules for child employment. The dates below come from GOV.UK, read on 10 October 2026.

England

A young person can leave school on the last Friday in June if they will be 16 by the end of the summer holidays. Your local council sets the rules for employing children.

Wales

The leaving date is the same as in England. Your local council sets the rules for employing children.

Scotland

A young person turning 16 between 1 March and 30 September can leave after 31 May of that year. One turning 16 between 1 October and the end of February can leave at the start of the Christmas holidays in that school year. Check the rules for employing children with your local council.

Northern Ireland

A young person turning 16 during the school year, between 1 September and 1 July, can leave after 30 June. One turning 16 between 2 July and 31 August cannot leave until 30 June the following year. Ask the Education Authority about child employment.

Northern Ireland uses different health and safety legislation, and this guide has not confirmed which written statement and employers' liability rules apply there. The minimum wage and right to work rules still apply. Take independent advice on the rest.

Who enforces the minimum wage

The Fair Work Agency is the named enforcer of the minimum wage. It launched on 7 April 2026 (status: in force). During 2026/27 HMRC officers carry out minimum wage enforcement under contract with the agency. A full transfer of these functions is announced for April 2027 (status: announced). The government's strategic steer gives the date. We have found no made legislation that fixes it.

Some older GOV.UK pages still name HMRC alone.

Where to get advice

If you are unsure whether a trial you have planned counts as work, ask the Acas helpline before the candidate starts. The Acas contact page lists current ways to reach the helpline. Acas covers Great Britain. In Northern Ireland, ask the Labour Relations Agency instead. Take independent legal advice if the candidate will only observe.

For a pay question, use the GOV.UK minimum wage guidance linked below. For a right to work question, use the Home Office employer's guide.