MP backs calls to ban unpaid trial shifts

A Scottish MP has joined forces with Unite Hospitality to call for a ban on unpaid trial shifts, which he said are “particularly prevalent” in bars and restaurants.

Stewart McDonald, Scottish National Party MP for Glasgow South, was also involved in leading a Westminster Hall debate on the use of unpaid work trials in March.

He told ministers that legislation designed to combat unpaid work trials “would be entirely proportionate and is necessary”.

Unpaid work trials involve asking job applicants to carry out a trial shift or other unpaid work as part of the recruitment process.

In 2018, Restaurant Mark Greenaway in Edinburgh was targeted by hospitality trade unionists for using unpaid trial shifts as part of its interview jobs process.

Although the Department for Business and Trade has laid out guidance on National Minimum Wage eligibility, which has a section on unpaid work trial periods, the concept of a work trial is not defined.

McDonald had also tried to introduce a bill to amend the National Minimum Wage Act 1998.

He told The Caterer: “I have long campaigned against unpaid trial shifts, and during this time I have been inundated with distressing accounts of unpaid trials.

“Alongside these horror stories, my recent survey on unpaid trial shifts garnered responses from hundreds of individuals. Unpaid trials appear to have been particularly prevalent in bars and restaurants.”

He added: “The legislation surrounding this issue is too vague, and it's time for the government to take decisive action by explicitly banning unpaid trial shifts.

“I want to emphasise that I am not against trial shifts; however, it is crucial that individuals are fairly compensated for their time and effort during these assessments. A fair day's work deserves a fair day’s pay.”

Unite Hospitality posted on X, formerly Twitter: “Unpaid trials remain a stain on the hospitality sector. The idea that you can legitimately ask a potential employee to work for free for a limitless period of time is not just morally reprehensible, it should be illegal. We’re working with Stewart McDonald to ban unpaid trials.”

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