NMWM05340 - Entitlement to National Minimum Wage: workers undertaking work experience as part of a higher education course

Relevant legislation

»Ê¹ÚÌåÓýapp legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015, regulation 53

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General

Workers (NMWM05020) under section 54(3) of the National Minimum Wage Act 1998 who undertake work experience as part of a higher education course do not qualify for the National Minimum Wage in respect of work done for an employer as part of that course, providing:

  • the work experience is undertaken before the course ends, and
  • the period of work experience does not exceed one year.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

»Ê¹ÚÌåÓýapp higher education course has to be undertaken at a UK university or college and be either:

  • a course for the further training of teachers or youth and community workers;
  • a post-graduate course (including a higher degree course);
  • a first degree course;
  • a course for the Diploma of Higher Education;
  • a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;
  • a course for the Certificate in Education;
  • a course in preparation for a professional examination at higher level
  • a course providing education at a higher level than those listed above (whether or not in preparation for an examination).

A higher level is considered to be a course whose standard is higher than;

  • in England & Wales; advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council;
  • in Scotland; higher than the Scottish Certificate of Education at higher grade; the Certificate of Sixth Year Studies; the General Certificate of Education of England and Wales or Northern Ireland at advanced level; or the Scottish Vocational Education Council national certificate.
  • In Northern Ireland; higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business &Technology Education Council.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)