Is an unpaid trial shift legal in the UK?

Trial shifts are common in the UK. The law doesn’t define them, and it doesn’t say exactly when a trial becomes paid work. What exists is guidance from the Department for Business and Trade and HMRC, and advice from Acas. The guidance itself says it isn’t binding: HMRC and employment tribunals decide each case. But both sources point the same way.

The six things that decide it

1. Is it genuinely part of recruitment? If not, it looks like work.
2. How long is it? Longer than needed to check your skills points to paid work.
3. Are you being observed? Being left to get on with it is a warning sign.
4. Is the work part of the job you applied for?
5. Does the employer get value beyond assessing you? A simulated task usually has no value to the business; real orders do.
6. Is the trial built into how the business runs, for example to cut staff costs?

The government’s own examples

• Likely fineTwo hours at a caféAfter an interview, a candidate serves on a Saturday for two hours while the owner watches and gives guidance. Unlikely to need paying, if the job is real.
• Likely fineTwo observed lessonsAfter two interviews and a written test, a teaching candidate teaches two lessons, observed and marked. Unlikely to need paying.
• Should be paidEight hours in a warehouseBefore any interview, a candidate moves boxes alone for eight hours and is judged only on the total. Likely to need paying.
• Should be paidA week at a new barEight candidates work shifts for a week, with no set number of jobs on offer. Likely to need paying.
• Should be paid12 hours in a kitchenA trainee chef preps and washes up from noon to midnight on a Saturday. Likely to need paying.

Before you agree to one

• Ask how long it lasts, what you’ll do and whether it’s paid, in writing if you can.
• Expect to be watched and given feedback.
• If it’s paid, you should get at least the minimum wage for your age: £12.71 an hour at 21 and over from April 2026.
• Unpaid trials are specifically allowed only in set schemes, such as a Jobcentre Plus work trial of six weeks or less.

If you think you should have been paid

Keep a note of the dates, hours and what you did. HMRC enforces the minimum wage and says it looks at every complaint. The new Fair Work Agency was set up on 7 April 2026 under the Employment Rights Act 2025; check GOV.UK for the current way to report. For free, impartial advice, contact Acas.