Asking a candidate to ‘try out’ for a job before offering them a role can seem like a smart move.
The average cost to fill a vacancy is more than £6000, with new-recruit costs for the first year reaching up to £63,000 once you factor in onboarding, training, equipment, and workspace. So having the most effective recruitment strategy matters when you’re working hard to grow your business at a time of increasing costs.
Providing an opportunity to do a trial shift before you make an offer allows an applicant to see what the job is actually like and for them to meet their potential colleagues. As an employer, you want to make sure you’re recruiting the best person for the job and ensure things are likely to work out for all parties.
A trial shift can be a useful way to assess how someone will perform in the job and under pressure, but employers need to be careful to follow UK regulations to avoid stepping into a potential minefield.
Take the case of Mooboo Bubble Tea, who were alleged by campaigning group 38 Degrees of “exploiting” people looking for work. The cafe chain came under significant public pressure after a leaked email suggested successful interview applicants were offered 40 hours of unpaid training without any guarantee of a job.
The allegations prompted unwelcome publicity, as well as a 40,000+ signature petition calling for staff to be paid for every hour they worked, even if on trial shifts.
Mooboo subsequently released a statement: “In view of the recent feedbacks we are to implement a new training process which all trainees will be paid according to our company set levels once the trainee has entered into our training contract.”
Reports of unpaid trial shifts raising concerns, especially for entry-level candidates, suggest this isn’t an isolated case, and underlines the importance of getting this right to avoid legal and reputational risks and ensure fairness.
Is an Unpaid Trial Shift Legal?
No reputable employer thinks it’s acceptable to ask candidates to work a full shift as a way of covering staff sickness absence. However, as unpaid work trial periods can legitimately provide value, organisations are understandably wary of falling foul of employment law.
Get it wrong, and you risk a National Minimum Wage claim, HMRC enforcement, and damage to your reputation.
The practice of requiring applicants to work an unpaid trial shift is not, in itself, illegal but there are strict legal limits that must be met.
You can ask a candidate to do an unpaid work trial as part of your recruitment process, but only to check whether they have the skills and qualities needed for the role.
Keep the trial to a reasonable length: often just a couple of hours or, at most, a single shift. In most cases, an unpaid trial should not go beyond one day.
If you decide to run an unpaid trial that is genuinely for recruitment purposes, make sure you keep good records and that you’re open with candidates:
- Inform them how long the trial period is going to last.
- Explain what they’ll be expected to do on the trial shift.
- Make sure they understand that the trial shift is unpaid.
- Make sure your recruitment process is consistent for all applicants for the same role.
When You Must Pay for a Trial Shift
You must pay at least the National Minimum Wage if a work trial is not genuinely part of your recruitment process. This would be the case if, for example:
- The trial lasts longer than you reasonably need to test whether the person can do the job.
- You’re not observing the candidate while they carry out the tasks.
- The tasks are not part of the role they’ve applied for.
- The work delivers value to your business beyond assessing skills - for instance, if it’s being used to reduce labour costs.
These tests are also set out in
ACAS guidance, which aligns with how HMRC and tribunals assess unpaid trial claims.
If you’re not certain whether an unpaid work trial is within the rules, the safest option is to pay at least the
National Minimum Wage. That way, you avoid the risk of a wage claim and show the candidate you value their time. It’s also worth checking your approach with an HR or employment law specialist first, so you can be confident you’re on the right side of the law.
Smarter Recruitment in a Time of Rising Costs
With recruitment costs rising and economic uncertainty making employers more cautious, every hire matters. A flawed process can waste valuable time, money and energy and put your business under unnecessary pressure.
Making sure your recruitment is both compliant and effective helps you avoid legal risks, attract good candidates, and secure the best person first time round.
Having the right support is essential but it can be hard to find if you don’t have a dedicated HR department. WorkSmarter’s
HR Partners are trusted, experienced, and reliable, offering practical, down-to-earth advice that helps you avoid legal risks. And if you’re looking for expert help with recruitment, we can connect you to a consultant who specialises in this area.
WorkSmarter’s powerful software makes it easier to stay organised, effective, and compliant in all your day-to-day HR processes.
Get in touch to find out how we can help.
