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HMRC internal manual

National Minimum Wage Manual

Entitlement to national minimum wage: workers undertaking work experience as part of a further education course

Relevant legislation

The legislation that applies to this page is as follows:

For pay reference periods commencing

* on or after 6 April 2015; National Minimum Wage Regulations 2015, regulations 53
* before 6 April 2015; National Minimum Wage Regulations 1999, regulations 12(9A) & 12(9B)

General

From 1 October 2007, workers (NMWM05020) under section 54(3) of the National Minimum Wage Act 1998 who undertake work experience as part of a further education course do not qualify for the national minimum wage in respect of work done for an employer as part of that course, providing the work experience;

  • is undertaken before the course ends, and
  • does not exceed one year.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

The further education course has to be undertaken through a UK based education or learning establishment and be a course which is recognised as formally approved or accredited as further education by the relevant authority;

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)