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388477

registered interest
date	08/07/2015
answering body	Department for Business, Innovation and Skills
answering dept id	26
answering dept short name	Business, Innovation and Skills
answering dept sort name	Business, Innovation and Skills
hansard heading	Unpaid Work
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government (1) whether they will list the categories of employed people who are not remunerated, including Ministers, who are exempted from the provisions of the minimum wage legislation, and (2) whether unpaid Ministers will qualify for the proposed living wage.
tabling member printed	Lord Jopling
uin	HL1252
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>Certain exemptions to qualification to the National Minimum Wage apply through Part 6 (Exclusions) of the National Minimum Wage Regulations 2015[1]. The noble Lord will find a list of those exempted from the National Minimum Wage Act 1998 on the Gov.uk webpage <a href="https://www.gov.uk/national-minimum-wage/who-gets-the-minimum-wage" target="_blank">https://www.gov.uk/national-minimum-wage/who-gets-the-minimum-wage</a>.</p><p> </p><p> </p><p> </p><p>Ministers are generally classified as ‘office holders’ who are neither workers nor employees, except where the individual also holds an employment contract with the same company or organisation that meets the criteria for <a href="https://www.gov.uk/employment-status/employee" target="_blank">employees</a>. Where a Minister meets this criteria and is classed as a worker under the National Minimum Wage Act 1998 (<a href="https://www.gov.uk/employment-status/worker" target="_blank">https://www.gov.uk/employment-status/worker</a>), they will be entitled to the National Minimum Wage and the new National Living Wage once implemented in April 2016.</p><p> </p><p> </p><p> </p><p> </p><p>[1] http://www.legislation.gov.uk/ukdsi/2015/9780111127964/pdfs/ukdsi_9780111127964_en.pdf</p><p> </p> answering member printed Baroness Neville-Rolfe attachment 1 file name National minimum wage.PDF.docx title National Minimum Wage 2 file name Employment status.pdf.docx title Employment Status question first answered 22/07/2015 16:35:41 answering member 4284 label Biography information for Baroness Neville-Rolfe
tabling member	883 label Biography information for Lord Jopling

170270

registered interest
date	15/12/2014
answering body	Department for Business, Innovation and Skills
answering dept id	26
answering dept short name	Business, Innovation and Skills
answering dept sort name	Business, Innovation and Skills
hansard heading	Unpaid Work
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what plans they have to encourage and support the remuneration of internships.
tabling member printed	Lord Storey
uin	HL3766
answer	answer is ministerial correction date of answer 23/12/2014 answer text <p>The term “intern” is not defined in any legislation: entitlement to the minimum wage depends on whether or not an individual is a worker. If an internship meets the legal definition of a worker, then they must be paid at least the minimum wage from the start. Given the dependency on employment status, it is vital that employers and workers understand how this is determined.</p><p> </p><p> </p><p> </p><p>Last November, the Minister for Employment Relations launched a series of posters and an information video alongside 200 letters to employers to increase awareness of employers and interns rights and responsibilities in relation to the National Minimum Wage. This was followed by a Facebook campaign. The Facebook messages reached 160,000 young people and HMRC are currently evaluating the impact of the letters sent to employers.</p><p> </p><p> </p><p> </p><p>In addition, complaints from interns about non-payment of the minimum wage are prioritised by HMRC for investigation and HMRC will investigate every complaint made to the Pay and Work Rights Helpline. Any worker who believes that they are being paid below the minimum wage should call the helpline on 0800 917 2368.</p><p> </p><p> </p><p> </p><p>Determining an individual’s employment status can be complicated; this is why the Business Secretary announced a review of employment status in October this year, to help ensure an employment status framework in the UK that meets the needs of everyone. This is an internal review and will present findings to ministers early next year.</p><p> </p><p> </p><p> </p><p> </p><p> </p> answering member printed Lord Wallace of Saltaire question first answered 23/12/2014 12:48:32 answering member 1816 label Biography information for Lord Wallace of Saltaire
tabling member	4238 label Biography information for Lord Storey

100004

registered interest
date	20/10/2014
answering body	Department for Business, Innovation and Skills
answering dept id	26
answering dept short name	Business, Innovation and Skills
answering dept sort name	Business, Innovation and Skills
hansard heading	Unpaid Work
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what is their assessment of the recent proposal by the Child Poverty and Social Justice Commission that unpaid internships should be illegal.
tabling member printed	Baroness Berridge
uin	HL2219
answer	answer is ministerial correction date of answer 29/10/2014 answer text <p>This Government is absolutely clear: exploitation of interns is unacceptable and we don’t hesitate to act where we find that employment law has been broken and someone who is entitled to the minimum wage hasn’t been paid it.</p><p> </p><p>Complaints from interns about non-payment of the minimum wage are prioritised by HMRC for investigation and HMRC will investigate every complaint made to the Pay and Work Rights Helpline.</p><p> </p><p>Research shows that internships and work experience programmes can be valuable opportunities for young people taking their first steps in the labour market. Our work on interns and the National Minimum Wage aims to achieve the right balance between ensuring that opportunities for young people are not cut off and minimising the risk of exploitation.</p><p> </p><p>Our concern, if we were to prohibit unpaid internships, is that this may lead to employers recruiting interns through informal and privileged networks with adverse effects on social mobility or have adverse consequences on the number of available opportunities.</p><p> </p><p>There is no definition of an internship in minimum wage legislation and interns are considered in the same way as everyone else with regards to whether the minimum wage is due. The key issue is whether or not they are workers as defined by minimum wage legislation. If they are, then they are eligible for the minimum wage unless a specific exemption applies. Volunteers are not workers and are not eligible for the minimum wage.</p><p> </p><p> </p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 29/10/2014 16:15:22 answering member 4284 label Biography information for Baroness Neville-Rolfe
tabling member	4218 label Biography information for Baroness Berridge