We have an intern working for us who is not paid. My employer wishes to pay him £100 a week as recognition of his contribution and to frankly help him out.
I am sure this is not legal but they would like to pay him cash as they don't want to actually have him as an emplyee and he isnt registered as self employed or would produce an invoice.
Is there a way round this/ For example can we show the cah as expenses for travel to work etc etc?
I'm not sure about your legal position about being able to have an unpaid intern. I think that you are still obliged to pay National Minimal Wage if the intern is expected to attend the offices on specific days and between specific times.
Where someone is legitimately gaining work experience and the role cannot be considered employment (more difficult to prove than it sounds) then reimbursement of expenses incurred (emphasis on that word) is allowable but payments of the nature suggested are not.
Back in a minute, I'm off for a firk around the web as I can't believe that this isn't something that comes up quite often in other discussion groups.
.... Time Passes ...
I'm back, did you miss me?
Right, most universities seem to be telling students that there is no such thing as unpaid work experience anymore and for work experience they can expect at least national minimal wage, however, I did find this link aimed at students that may prove very useful to you :
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
From HMRC - "Apprentices aged 19 or over who have completed at least one year of their apprenticeship are entitled to receive the full national minimum wage rate applicable to their age."
Also see http://www.apprenticeships.org.uk/Be-An-Apprentice/Other-Questions/FAQDetails11.aspx
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Jenny
Responses are my opinion based on the information provided. All information should be thoroughly checked before being relied on.
