Simon Hughes MP

House of Commons
London
SW1A 0AA

September 10 2010

Dear Simon,

We are writing to you in response to your recent advertisement for unpaid

interns on ‘W4MP’ and to warn that you may be at risk of breaching
employment law.

The National Minimum Wage Act (1998) is very clear: all those who are
‘working’ must be paid the made the national minimum wage. For workers
aged 22 and older it is currently £5.80 an hour. Under the Act, a ‘worker’
is someone who has a contract of employment or any other contract that
requires the individual to carry out work or services for another party.
This legal position of a worker is not changed by the employer calling the
worker an ‘intern’; a term with no legal recognition.

One of the law’s few exemptions is for ‘voluntary workers’, people

supporting charities or other third sector organisations. However, MP
guidelines produced by the Department of Business, Innovation and Skills
state that ‘Members’ interns can never be classed as voluntary workers
under national minimum wage legislation... Once an individual comes
under an obligation to perform activities in accordance with the
employer’s instructions and becomes subject to a sufficient degree of
obligation to undertake tasks just like a worker or employee, or the
individual fulfils an actual job, national minimum wage should be paid’.
Glendon Salter, an employment lawyer at Hogan Lovells, confirms that ‘if
interns are required to work a set number of hours each
day and/or are obliged to perform certain duties or provide services, is it
likely that they would be deemed to be a worker and therefore be entitled
to receive the national minimum wage.’

It is clear that your listing advertises unpaid work, as opposed to ‘work

experience’ (which amounts to shadowing employers and making limited
or no contribution to the organisation’s running). You specify that routine
work, which would otherwise be carried out by a paid employee, is to be
completed by the intern. You state that the intern's ‘duties’ will consist of
research and administration and must have an ability to ‘work under
pressure’. You are clearly giving your interns the responsibilities of a
‘worker’ who would be entitled to the national minimum wage.

Intern Aware
info@internaware.org
The National Minimum Wage Act has, until recently, had a history of poor
enforcement with regard to interns. However, this is changing. Last
November an expenses-only intern won £2000 for wages unpaid at the
Reading employment tribunal while later this year, the Low Pay
Commission is expected to recommend the proper enforcement of the
minimum wage for interns.

The unpaid work you advertise exploits young people desperate for
stronger CVs in a tough recession job market. The advert shows MPs
happy to talk about social mobility and equal opportunities in front of
cameras, yet unwilling to practice what they preach. This abuse by MPs is
widespread and threatens to further damage the reputation of a
Parliament undermined by the expenses scandal. We ask that you pay all
current and future interns at least the national minimum wage.

This open letter and your response will be posted on our website at
http://internaware.org. We look forward to hearing from you.

Yours sincerely,

Gus Baker and Ben Lyons

Co-Directors, Intern Aware

Intern Aware
info@internaware.org