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

Relevant legislation

The legislation that applies to this page is as follows:

  • National Minimum Wage Regulations 2015, regulation 53

 

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)

The 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)