Internship / Work Experience Agreement (England & Wales)

An Internship / Work Experience Agreement in the United Kingdom sets the job duties, pay, hours, leave, and notice terms that bind employer and employee, and is governed by the Employment Rights Act 1996.

In England and Wales, the legal status of an intern is not determined by the label used in the agreement, but by the actual nature of the working relationship in practice. Interns can be employees, workers, or genuine volunteers — and this classification has significant consequences for the rights they are entitled to. Employees have the fullest range of employment rights under the Employment Rights Act 1996. Workers are entitled to a narrower set of rights, including the minimum wage under the National Minimum Wage Act 1998, paid annual leave under the Working Time Regulations 1998, and protection from unlawful deductions from wages. Genuine volunteers who have no obligation to attend or perform work, and where the organisation has no obligation to provide work, are not entitled to the National Minimum Wage.

The key risk for organisations offering internships is inadvertently creating a worker or employment relationship where they did not intend to. HMRC actively investigates unpaid internship arrangements and can require the payment of back-dated National Minimum Wage plus penalties if an intern is found to have been a worker. A well-drafted internship agreement helps to document the genuine nature of the arrangement and confirms both parties understand the terms of the placement from the outset.

For paid internships, the agreement must confirm that the intern receives at least the applicable National Minimum Wage for their age band, that their working hours comply with the Working Time Regulations 1998, that they receive payslips, and that the organisation registers as an employer and operates PAYE for tax and National Insurance purposes. For genuinely unpaid work experience placements — such as work shadowing, voluntary placements, or placements required as part of an educational course — the agreement should document the educational and voluntary nature of the arrangement to support the position that the intern is not a worker.

The United Kingdom Internship / Work Experience Agreement (England & Wales) Internship and Work Experience Agreement template has been drafted for use under the laws of England and Wales and reflects the requirements of the National Minimum Wage Act 1998, the Working Time Regulations 1998, the Employment Rights Act 1996, the Copyright, Designs and Patents Act 1988 (intellectual property), the UK GDPR and Data Protection Act 2018, and the Health and Safety at Work etc. Act 1974.

The legal framework governing the Internship / Work Experience Agreement (England & Wales) in United Kingdom draws on several key statutes and regulatory bodies. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Parties executing a Internship / Work Experience Agreement (England & Wales) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Rights Act 1996 sets the foundational requirements.

An Internship and Work Experience Agreement is needed whenever an organisation in England and Wales takes on an individual for a fixed period of work experience, internship, or professional placement — whether paid or unpaid — and wants to establish the terms of that arrangement in writing.

A written agreement is particularly important where the intern will be working alongside regular employees, handling confidential information, accessing client data, creating content or other intellectual property, or representing the organisation externally. Without a written agreement, both parties may have different and inconsistent expectations about the nature of the arrangement, the duties required, and the rights and obligations of each party.

For paid internships — including summer internships, year-in-industry placements, and graduate programmes — a written agreement is essential to document compliance with the National Minimum Wage Act 1998 and the Working Time Regulations 1998, and to set out the applicable terms and conditions. Organisations have been required to pay back-pay plus penalties following HMRC investigations into unpaid internship arrangements that were found to involve workers.

For unpaid work experience placements — such as school work experience weeks, university placement modules of less than one year (which are exempt from the National Minimum Wage), voluntary sector placements, or genuine work shadowing arrangements — a written agreement documents the educational and non-obligatory nature of the arrangement and helps to support the organisation's position that the placement is voluntary and does not create a worker relationship.

A written agreement is also important to protect the organisation's confidential information and intellectual property. Without an explicit IP assignment clause, any creative work produced by an intern who is not legally an employee may belong to the intern rather than the organisation. This can create significant complications if the organisation subsequently wishes to use or commercialise work created during the placement.

Finally, an internship agreement provides a clear mechanism for ending the placement early if required — whether because the intern's conduct is unsatisfactory or because the organisation's circumstances change — without the risk of claims arising from an unclear or undocumented arrangement.

A thorough Internship and Work Experience Agreement for England and Wales should contain all of the following key elements to protect both parties and confirm legal compliance.

The parties clause clearly identifies the host organisation and the intern, including their full names and addresses. For corporate organisations, including the registered office address is good practice.

The placement details clause describes the role title, the department or team the intern is placed in, the name and title of the supervising manager, and the primary place of work. Clear details here help to define the scope of the placement.

The duration clause specifies the fixed start and end dates of the placement and confirms that neither party is obliged to extend the placement or offer subsequent employment.

The working hours clause sets out the intern's expected hours per week and normal start and finish times, and confirms compliance with the Working Time Regulations 1998 — including the 48-hour average working week limit, daily and weekly rest requirements, and rest break entitlements.

The remuneration clause covers payment terms for paid placements, confirming compliance with the National Minimum Wage Act 1998, specifying the rate of pay and payment frequency, and confirming that payslips will be provided. For unpaid placements, this clause confirms the voluntary nature of the arrangement and acknowledges the National Minimum Wage framework to protect the organisation's position.

The duties and learning objectives clause describes the tasks the intern will undertake and the skills and knowledge they are expected to develop. Detailed learning objectives support the characterisation of the placement as a genuine educational experience.

The confidentiality clause imposes obligations on the intern not to disclose the organisation's confidential information during or after the placement, with a defined period of post-placement confidentiality.

The intellectual property clause assigns ownership of all work created by the intern during the placement to the organisation and includes a waiver of moral rights under the Copyright, Designs and Patents Act 1988.

The termination clause provides for early termination on reasonable notice and allows immediate termination in cases of serious misconduct.

The governing law clause confirms that the agreement is governed by the laws of England and Wales.

Additional compliance elements for a Internship / Work Experience Agreement (England & Wales) used in United Kingdom include: Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.