THA briefing on Unpaid Work Experience (Prohibition) Bill

Editor News

The Unpaid Work Experience (Prohibition) Bill, a private member’s bill introduced by Lord Holmes of Richmond (Conservative), had its second reading on 27 October 2017. The Bill as currently drafted could bring heritage volunteering within its scope.

The numbers of heritage volunteers rose from 575,300 in 2014/15 to 615,500 in 2015/16 – more than the population of Glasgow!  The estimated economic value of heritage volunteering, based on National Minimum Wage rates, was £520.1 million in 2015/16. If based on regional median hourly earnings this rises to £909.9 million.

The Bill would prohibit unpaid work experience lasting for longer than four weeks, by making it compulsory for employers, defined as those offering work experience, to pay the national minimum wage to individuals undertaking such work experience.

During the debate the Government’s Lords Spokesperson (Department for Education) stated:

‘As my noble friend Lord Holmes mentioned, the voluntary sector has existing legislation that covers volunteers and voluntary workers.’ However, as we set out in our Briefing the existing exemption for Charities set out in the S.44 of the National Minimum Wage Act only applies to volunteers who are found to have been workers. This exemption will not apply the vast majority of volunteers as they are not employed.

The House of Lords library has written a note looking at these issues.