Should I have been paid for an 8 hour 'trial shift'?

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No_Worth_2271@reddit (OP)

update on this saga. they said 'you've already been paid for it' and then when i said i haven't been, suddenly they can't find record of me doing it. it's been a week now and they're just fvcking me around...

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GojuSuzi@reddit

[ACAS on work trials:](https://www.acas.org.uk/hiring-someone/interviewing-job-applicants) > An employer might ask an applicant to carry out an unpaid work trial. This is to decide if they have the skills and qualities needed for the job. A work trial period should be for a reasonable amount of time. For example, 2 hours or a shift. An unpaid work trial should not usually last longer than one day. > An employer must pay an applicant the National Minimum Wage if the work trial is not genuinely for recruitment purposes. For example, if: * a trial period lasts longer than the employer would legitimately need to test whether an applicant can do the job * the employer does not observe the applicant carrying out the tasks * the tasks are not part of the role applied for the tasks have a 'value' to the employer beyond testing skills – for example, it's a way to reduce labour costs So long and short is "maybe". Obviously it meets the criteria for length of time and for actual recruitment purposes, but were you observed/monitored or just left to work, and were you an extra head on shift or replacing what should have been a full paid employee?

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Cakeo@reddit

The short answer is yes. He did a full shift which was clearly not intended to test his cleaning skills. 8 hours is well above a reasonable amount of time to test him.

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daddy-dj@reddit

Especially if the trial was to see if Op liked the job, not to test their ability to do the job.

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TawnyTeaTowel@reddit

Exactly. Work trials are for the benefit of both parties.

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Devify@reddit

Do I personally think a trial shift of 8 hours is too long to be unpaid? Yes. However 8 hours is within the guidance and could be argued that it was the time required to test the person. E.g. if there is an expectation of a certain number of cleaning tasks to be done within a day and they are varied tasks, the easiest way to see whether a person would meet the expectations is to do all of those tasks. So the overall answer remains as "maybe" as the OP has not provided enough information to say whether it would be in line with government guidance.

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GojuSuzi@reddit

Exactly. Some places (especially in the hosp world) have "being able to last a full 8 hours (less breaks) on your feet" as a reasonable criterion so verifying someone can manage that, especially if they've never been in a similar role before and have no frame of reference for how draining that can be, can be easily argued to be reasonable. But they should be being shadowed or shadowing someone else while doing so, not covering a full slot so they don't have to call in coverage that otherwise would have been required.

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Lanky_Detail3856@reddit

I hate how they value your personal time at ZERO!

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pajamakitten@reddit

That is the point of it though. They are after free labour and they deliberately exploit people they see as worthless.

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Scared-Room-9962@reddit

Speak to ACAS.

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IR2Freely@reddit

The threat of calling acas may be enough persuasion

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No_Worth_2271@reddit (OP)

thank you everyone! i shall update this thread when i hear back from the company.

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TheDawiWhisperer@reddit

my daughter did a trial shift at a dessert place last year and didn't get paid for it. i reckon they were just short on staff and needed to fill a gap for free

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Sorrelish24@reddit

Just FYI a lot of places that offer unpaid ‘trial shifts’ for low skilled jobs that most people can do fairly easily with a bit of practice often aren’t actually looking for staff they are using you to cut margins and fill unexpected scheduling gaps - I did three free waitressing shifts with an agency like this and didn’t get offered anything and at the time I had eight years of hospitality experience in a variety of settings including celebrity/VIP silver service so it definitely wasn’t a skill issue on my part!

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AddictedToRugs@reddit

Yes. The automod on this sub is all to cock and thinks answers that just consist of "Yes" are not an answer. But they are, and that is the answer to your question.

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PKblaze@reddit

If you worked. You should be compensated. Pretty sure it would be illegal to not compensate a person for their work unless it was contracted as such (Such as work experience)

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18-SpicyNuggies@reddit

Sadly, they do not have to pay you. As someone who worked in hospo for most of my teens and 20s, everyone we hired had an initial unpaid trial shift, granted they usually weren't full days though so I do think it's bad practice from them.

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delfryeatrpt@reddit

hospo? hospitality? I'm 32 and worked in hospitality for more than 10, I could do 30 minutes to show you that I can handle a tray in a professional setting but more than that I am getting paid and still 30 minutes would be too much. You work you get paid, period. No trial bull***.

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18-SpicyNuggies@reddit

Not saying I agreed with it. When I was a manager I used to ensure people who had trials (even if we didn't hire them) still got a cut of the tips for their trial shift. Sadly I wasn't allowed to dictate the rest. Just sharing my experience. And yes apologies for any confusion, hospo/hospitality.

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delfryeatrpt@reddit

that's illegal in UK, I worked in hospitality in the UK.

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18-SpicyNuggies@reddit

Unfortunately it's not illegal and companies do take advantage of it, especially in the service industry. [Have a look on ACAS](https://www.acas.org.uk/hiring-someone/interviewing-job-applicants#:~:text=Unpaid%20work%20trials&text=A%20work%20trial%20period%20should,not%20genuinely%20for%20recruitment%20purposes) \- info correct as of October 2024.

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delfryeatrpt@reddit

*a trial period lasts longer than the employer would legitimately need to test whether an applicant can do the job*. there you go, you don't need a full shift for that and you need to be actively looking at the person's work. I doubt a manager in a busy restaurant would be looking at an employee for 8 hours.

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18-SpicyNuggies@reddit

I'm not against you on this, I didn't agree with it, I wasn't the person to implement it. I'm just telling you it happens, and it sadly happens a lot. As I have already said, we didn't do 8 hour trials, more like 3-4 hours. I do however think trial shifts can be beneficial for both the employee and the employer, but I do think people should be paid in most circumstances which is why I would make sure they got tips which would often cover most of what minimum wage would have been anyway. I did a fair amount of unpaid trials and as much as it would have been a bonus to be paid, especially as I was already trained, I was grateful for the opportunity to really see what a place was like before quitting my current job and moving somewhere else. Often you think the grass is greener but it's really not in hospitality.

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noggintnog@reddit

Absolutely. Demand they pay you or get HMRC involved. I knew a pub manager that used to fill busy nights with ‘trial shifts’ and then never phoned them. Git.

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Incandescentmonkey@reddit

This practice really pisses me off and it is exploitation of people. People should always get paid for trial shifts. Coffee and takeaway shops are the worse offenders.

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EmmaHere@reddit

Unpaid trial shifts are actually legal in the U.K. but have to meet certain requirements.

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ChillCommissar@reddit

Just gonna add a bit of devils advocacy here. What were the circumstances of the shift? Was it a friendly conversation there it was pretty off the record? If so, you may be expecting too much from a friendly chance offered in your time of need for employment, they've asked you to come down on a day of their choosing and just to "have a go" to see if it's up your alley. Was it a professional style interview with a "manager" who has given ypu a start date and a start time, a directive to follow and a finish time? How many hours worked, did you qualify for a break, did you get a break? Again, not to split hairs, but one is being a dick to a friend and the other is asking things to be done properly.

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The_Bear_5@reddit

contract or no contract, trial or not, no matter how they word it. If you worked - and not just shadowed, then you get paid.

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Saw_Boss@reddit

A quick Google about it brings up dozens of solicitor websites saying the same thing, that unpaid trial shifts are legal.

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NoVermicelli3192@reddit

Yes they should have paid you but write it off to experience

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HonkyBoo@reddit

Not all companies will pay you for a trial shift. If I offer an prospective candidate a job after a trial shift, I'll pay them for it (being successful) - Prior to offering the trial shift, I explain that we wont be paying them. Not because we're looking for free labour, but because it's 2 hours, off the books and essentially a final interview. Where do we draw the line between interview and trial shift?

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InsaneInTheRAMdrain@reddit

You call it an assessment evaluation interview.

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DoduOW@reddit

I feel like a good line to draw is them doing work? Interview is talking to them, probation is a 'trial shift'

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Interrogatingthecat@reddit

"off the books" doesn't really justify it

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TSC-99@reddit

Yes they should pay you

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Adventurous_Rock294@reddit

When did your Contract start ? And what did it say (if anything) about a trial shift ?

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TheDroolingFool@reddit

Yes, you've essentially worked a shift for free, which is unlawful. If you were doing actual work rather than just observing, they owe you at least the National Minimum Wage for those 8 hours. The fact that they paid you for the other two days confirms they see you as a worker, not just someone on a trial. Tell them in writing that you expect payment for the full shift and give them a deadline. If they refuse, report them to HMRC for wage theft and start an ACAS Early Conciliation claim. If needed, take it to an Employment Tribunal. Do not let them get away with this.

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SubtractAd@reddit

If you did actual work during that 8-hour trial shift, then yeah, they should have paid you. In the UK, trial shifts that involve real work (not just observation) have to be paid at least minimum wage. The fact that they didn’t mention payment doesn’t mean they can get away with it. You should ask for the money, and if they refuse, you can report them to HMRC for not paying what you’re owed.

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AlarmedPenalty6623@reddit

Did you have a contract signed before the trial? What does it say?

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