A trial shift is a temporary period where an employee enters your business to be assessed on their work ability, and continue for as little as a few hours to an entire day. But many employers wonder if they should be paying their employees the wages for the trial period, considering its nature as a test for a prospective employee.
But do you have to pay for a trial shift? In this article, Real Business will put together the uses of a trial shift, as well as the many reasons why you should pay.
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Do Employers Pay For Trial Shifts?
According to research by Crossland Employment Solicitors in 2021, around 25% of employers pay a standard hourly wage for trial shifts. A further 55% pay a reduced hourly rate, with the remaining 20% offering no pay.
So yes, most employers do, as many find they are bound by employment law to do so. The National Minimum Wage Act of 1988 mandates that all individuals engaged in work for a business that are similar to what a normal employee does must be compensated for said work at minimum wage, or above. This includes a work trial that lasts even a single hour. If the person applying for the prospective job role is doing employee-level work, regardless of whether they have even half the responsibility of a full time employee, then they ought to be paid.
Whether or not you have to pay a trial shift depends exactly on the work done. Consequences against a company accused of unpaid trial shifts involve fines, public naming and possibly further legal action in the worst cases.
Why Use Trial Shifts?
A trial shift happens after a job interview, and acts as a sort of continuation, where the job candidate will be actively assessed on the job itself. This is particularly useful in some sectors such as in a restaurant, where the taking of orders, notification of kitchen staff, and serving said orders occurs in a fast paced environment where no inexperience can be tolerated.
Typically, a trial shift is used for high-importance roles that need immediately filling, but not necessarily high-skilled roles. Its part of a genuine recruitment process for those who do not want to waste time, and want to find a definitive employee before closing the recruitment drive. Nothing shows compatibility more than action.
Many would ask, why use a trial shift when you have an in-built probation period for the prospective employee? Simple:
- Immediate skill assessment – Instead of hiring and firing an employee, an employer can tell right away whether or not the person is fit for the job, thereby sidestepping the onboarding process.
- Low risk – Employing and dismissing an employee during the probation period involves dealing with an employee who has full employment rights.
How Much Do Employers Pay For A Trial Shift?
Employment law mandates that employees must be paid at least minimum wage for however many hours worked during a trial work period. There have been cases on unpaid trial shifts that went “unpunished”, however. For example, Mooboo Bubble Tea was accused of making candidates work up to 40 hours of unpaid trial shifts, sparking outrage in the public, and causing SNP MP Stewart McDonald to campaign to end the practice. Mooboo Bubble Tea couldn’t be held account back then, but under new rules would almost certainly be today. As a result, we highly recommend that any business owner offering a work trial during their recruitment process consider how long, and what exactly, the candidate will be doing throughout their trial shift.
Nowadays, it is unlikely that unpaid trial shifts for work that goes beyond a day will be accepted. That being said, here are some considerations to make:
- Minimum wage – If a person is over school leaving age, they are entitled to the National Minimum Wage for the duration of the trial shift. This depends on their age and is between £6.40 and £11.44 per hour.
- Workplace rights – All workplace rights, such as breaks, apply to the applicant.
- Employment contract – In cases of trials ending in employment, the date that the applicant started the trial will be considered their first work day, something that must be reflected in the employment contract.
- Trial length – A work trial should not extend beyond a day, or you risk running into issues.
There have been calls to ban unpaid trial shifts, with critics arguing that they exploit vulnerable job seekers. The government maintains that existing laws already regulate this issue, ensuring fair treatment and compensation for work performed.
Options For Trial Shift Pay
There are growing concerns that unpaid trial shifts may be used as a means to obtain free labour, leading to potential abuse and financial loss for workers. Employers must also be cautious to ensure that trial periods do not inadvertently suggest an employment relationship, which could result in liabilities for failing to pay minimum wage.
For employers who cannot pay for the trial period, we recommend the following:
- Full hourly wage – This may range from around £6 per hour for entry-level roles up to £15 or £20 per hour for skilled positions. Either the normal company payroll process is followed or you will be paid in cash at the end of the shift. This recognises that you are doing productive work for the company and following minimum wage requirements.
- Reduced hourly rate – A common approach for a prospective employer is to pay a reduced hourly rate for trial shifts, for example, the minimum wage. This compensates the employee for their time and meets legal minimums, but accounts for the fact they are not yet a hired employee.
- Flat trial fee – Rather than paying by the hour, some companies offer a standard flat fee for completing a trial shift, for example, £20-30, depending on hours worked and what the business is willing to pay – provided it is above the National Minimum Wage for the employee.
- Unpaid – A minority of businesses, around 20%, do not provide any pay for an unpaid trial period. Whilst this is always an option, especially if the candidate is doing limited responsibilities, understand that an unpaid trial shift for longer periods of time are more likely to be seen as exploitative.
- Expenses covered – If no wages are provided, some companies cover any expenses incurred. For example, they may pay for your travel to the venue or provide a free meal during the shift.
Should You Offer An Unpaid Trial Shift?
If faced with the need to offer a unpaid trial shift, weigh the following pros and cons:
Potential benefits of unpaid trial shifts:
- Gives the candidate work experience
- Gives the candidate feedback
- Allows the employer to judge whether or not they’d be a fit with company culture and vice versa
- Some industries consider it standard practice and the candidate may be aware of this
Potential drawbacks:
- Unpaid trial shifts are not seen in a good light
- Harsher letdown than a simple rejection email
- Desperate candidates are more likely to pin their hopes on trial period success
- Unpaid trial periods may upset current employees, especially if rapport is built quickly
How To Conduct A Trial Period
Regardless of whether you’re choosing the unpaid trials option or otherwise, the following are some pointers for conducting one properly.
- Confirm details in advance – Include practical details like location, timing, dress code, meals, contact person etc. Note the time they arrive and how much of this info is used.
- Look for initiative – If the candidate asks for a job description and follows it, understanding typical responsibilities and pushing ahead to maximise productivity, this is the sign of a headstrong employee.
- Revise application – Recheck stated skills, qualifications and experience, and look out for actions proving the stated information was true.
- Keep an ear out for questions – Questions about the job during the interview and during the trial shift is both a sign of interest, and a sign of competency.
How To Follow Up On A Trial Shift?
Once the candidates have completed their trial shifts, there are a few potential next steps:
- Job offer – Typically, employers have a roster of candidates to go through. Any promised trial shifts that have yet to be completed should be allowed before making the decision, unless they are unpaid trial shifts. Otherwise, there’s nothing against offering the job on the spot.
- Further trial shifts – Employers sometimes ask for further trial shifts to further assess capability. We recommend using this sparingly, or at least paying for upcoming shifts.
- Rejection – Rejection is harder when it comes to trial shifts. We recommend giving a call instead of an email and giving insightful feedback that is specific to the candidate.
- On hold – Employers sometimes put their decision on hold to try other candidates. Understand that the candidate will likely continue looking in the meanwhile, so ensure your decision making is done well.
Conclusion
In summary, trial shifts give employers the chance to assess candidates’ ability in action before committing to hiring. They are commonly used for hospitality, retail and similar roles. Around 80% of employers offer some compensation for the candidate’s time and contribution, and we recommend following suit in some capacity. Whilst the laws held against you are currently sparse, we live in a digital age where everything is shared, and your business could come under fire if the situation is presented.
Make sure you’re clear on terms, and you have respect for the candidate’s time and effort.
