JOIN ‘JUSTICE FOR INTERNS’, OUR NEW CAMPAIGN
Have you interned for a well-known brand, celebrity or a high-profile MP? Then we want to hear from you!
Graduate Fog and Intern Aware today launch Justice for Interns. This historic campaign will see the big name employers who use unpaid interns taken to court and forced to admit that what they’ve been doing is unethical, unfair — and illegal. This will ensure that in future all interns are paid a fair wage for their work.
After more than two years of campaigning on a practice which takes advantage of hundreds of thousands of desperate graduates ever year — while excluding many more, who can’t afford to work for free — we’ve run out of patience. The intern ‘debate’ is over. The law is clear — almost all unpaid internships are illegal.
We’ve complained to the officials. We’ve got acres of press coverage. We’ve even asked politicians for help. Yet nothing has changed. Adverts for these illegal jobs are still everywhere. All the big job boards promote them — as do your universities. Big brands, celebrities — even our own politicians — continue to brazenly flout the law.
Why? Because they don’t think you’re brave enough to stand up to them.
“Get an intern” has become an acceptable order from cheap-arse bosses seeking free labour from anyone desperate enough to believe it is valuable ‘experience’ and may lead to paid work in the future. But — as many of you have discovered — it usually doesn’t. Instead, all it leads to is another unpaid internship.
And it makes our blood boil. In the UK, we have a minimum wage law which states clearly that employers cannot have someone working for them paid less than the minimum wage (currently £6.08 for over 21s) — even if you say you’re willing to work for free.
Calling that person an ‘intern’ is red herring. This is really about unpaid labour, plain and simple. That these jobs are done by young people at the start of their careers is irrelevant. Whatever your age, every citizen is entitled to be protected by the law.
We’re lucky to have secured pro bono access to an experienced employment law barrister. He has agreed to help us – and you – fight these cases all the way, and he won’t charge a penny for his time.
Will we win? Quite simply, yes. Two cases have already been brought by interns who took their employers to court. Both won — and were awarded back pay. Unfortunately, the employers were small companies — so these victories didn’t cause much of a stir. But can you imagine if we repeated those successes, but this time with, say, a big designer brand, high-profile celebrity — or a member of the current government? A win like that would be an instant game-changer.
But we can’t do it without you. As passionate as Graduate Fog and Intern Aware are about this issue, we can’t take these employers to court, as we are merely ‘third parties’. It has to come from you, the interns. Which is why we need you to contact us if:
You have interned unpaid (or expenses only) for a big brand, celebrity, MP or other high profile individual within the last six years
OR
You are currently interning unpaid (or expenses only) for a big brand, celebrity, MP or other high profile individual.
In the next couple of months, we will be assembling a group of the strongest cases we hear from (we already have some corkers). You’ll meet each other, and we’ll all do this together.
We know that coming forward is a big ask. But you don’t need you to take legal action until you’re feeling brave enough. If you give us your details now, you can take action at a later date, once you have a job and feel more secure. Perhaps by then you’ll be working in a different industry — and won’t give a stuff what your former employer thinks. If you’re even considering doing any of this, just drop us a line — in total confidence of course — and we’ll send you more information.
So, if you’ve worked for a high profile employer, please get in touch. If you haven’t, we still need you to do your bit for Justice for Interns by helping us spread the word about the campaign. Every time you see an update on Twitter, please retweet it. Like us on Facebook, talk about us in the pub – and tell everyone you know about what we’re doing. Thank you!
Sounds great – good luck and well done to all involved!
Fab – would love to get involved!
Its the only way forward. Good luck. Of course the sticking point will be internships for charities, knock off a few easy cases first then up and at ’em.
Unfortunately, and irrespective of any illegalities, if a candidate is prepared to be complicit in deceit and support organisational recruitment practises designed to “obtain pecuniary advantage through deception” (which is in effect what an employer does if they can find staff without the need to pay any salary/tax/national insurance contributions), then “unpaid internships” will continue.
Go for it – well done Tanya!
Wonderful news! Most employers (large and small) are leary of putting themselves on the wrong side of the law if they feel it’s likely they’ll have to defend themselves in court.
@All
Thanks for the support everyone!
I agree that winning these cases really will make employers think twice – they can’t run the risk that everyone who ever works for them unpaid could one day come knocking on their door demanding pay… Some of these companies have been doing this for years – with multiple interns at a time… Between them all, that must run into the ££millions..?
Please help by spreading the word about what we’re up to and encouraging other interns to come forward. We literally can’t do this without you!
@Eowyn Rohan
The Fraud Act 2006 repealed the offence of obtaining a pecuniary advantage by deception (Fraud Act Sch.1 at 1(a)(iii)). Infact, the act repealed ALL deception offences.
It’s unlikely to be an offence under the Fraud Act 2006, because the Fraud Act abolished deception and in its placed created a general offence of dishonesty.
Because dishonesty is decided by the Ghosh test, which looks at the standard of reasonable and ordinary people and then determines whether or not a defendant knew or ought to have known he fell below those standards, it’s unlikely that ANY intern could be accused of NI or salary fraud.
Employers and recruiters could be caught out by the act, but I don’t think the purpose of the Fraud Act was designed to put unpaid internship providers behind bars – and you’d struggle to get the CPS to take up that case.
Best of luck though.
Milburn is talking about the unfairness of unpaid internships and the “who you know” bias shown in recruiting them. It’s clear he doesn’t really get it though. He’s talking about setting up new systems for regulating employer behaviour when what’s mainly needed is to ensure legal action is taken against employers not paying NMW for real work.
Oh dear!
I think there should be a major ‘buyer beware’ warning posted here before anyone considers joining Tanya’s crusade. Where to start?
“Will we win? Quite simply, yes. Two cases have already been brought by interns who took their employers to court. Both won — and were awarded back pay.” What does Tanya have to say on this?
“we’ll all do this together”
I’m reminded of Blackadder goes Forth:
Melchett: “Hahaaa, don’t worry my boy, if you should falter, remember that Captain Darling and I are behind you.”
Blackadder: “About thirty-five miles behind you.”
If you win the case, you will have the dubious honour of having Tanya parading your litigation in front of national press for all and sundry to see – and with the internet, this will be out there forever. Who “wins” from that?
If you lose, you will quietly forgotten, but people talk and sometimes the press pick up on these cases. If you lose and it is publicised, you will be portrayed as a vexatious litigant. Not great for you in that industry or any other industry. I’m signed up to the press register of employment tribunals, so who knows? We may even meet in person when you do your kamikaze mission.
So who is the “winner” in all this? Tanya may sell a few extra copies of her 2008 book “Dude Where’s my Career?” And she may even get a “Comment is Free” article (oh! The irony) in The Guardian.
But will you “win”?
You neglect to mention the many cases which have failed, even when they have had the full backing of trade unions and the full force of their (paid) legal backup. (Am I the only one here to see the irony of Tanya asking lawyers to work for free for a ‘good cause’ while those who chose to give up their time for a cause they believe in – art, fashion, drama etc – are condemned as having Stockholm Syndrome. Presumably these are also the cases that trade union lawyers have decided not to back, even though many unions have supported legal action from those who aren’t even members.)
BECTU made an oral submission to the Low Pay Commission which I have the LPC’s notes for. Their experience was tribunals was “unsuccessful”. They lost one, one case was withdrawn and one case was pending. That case was dismissed by the judge before it was considered; it is claimed this was a “technicality”, but you’d hope for a bit better legal advice before going through the trauma of making a claim, wouldn’t you? I can bore you with Equity examples too. BECTU subsequently one a case which hinged on whether the claimant was employed by the company or – as the defendant claimed – subcontracted to the self-employed head of the art department. That the claimant was a worker was never in dispute and it was not an “internship”.
So Tanya’s claim – “will we win? Yes!” is on the level of some snake oil salesman guaranteeing satisfaction. There are no guarantees in legal process – and to offer one is verging on the fraudulent.
But perhaps I’m being unfair. Let’s look at the “we” who will win in a wider context. There is no guarantee that “you” will win, but perhaps some greater good might come of it?
I was one of the few people playing devil’s advocate and defending unpaid work experience, as I believe if you’re not allowed to work for free the amount of opportunities to learn are 100 times less that there was before the law changed. You could spend thousands expecting a uni to “teach” you with outdated equipment, or you can go and learn for free at an actual business. However, if there’s money to be made through this campaign, I’m game.
Well done! Finally someone is interested with our poor and desperate situation as a student, I end up working in industry not linking to my profession while I’m study, cos simply can’t afford to paying for travel/lunch and rent expenses and working for nothing (usually employers want 1-4mths) THIS IS A JOKE! As a customer seeing this practice from potential company I want use, it looks unprofessional and as low budget company.
Hi,
I worked for a celebrity for 3 months for £20 a day (won’t name him here, but would do in a more private message). I would love to be involved with this, and expose the hypocrisy of “internships”
I worked for a big Fashion house that I know you will be interested in, email me back or let me know how to send you a private message for more details. I would love to get involved.
Been through the worst of it. How do I get involved?
Am I the only one who thinks this has made it even harder for me to get a job??!! I can’t even get experience for my CV now.
I interned for free before I got my first job seven years ago, so did most of my peers – so did many of the successful business people we admire today. It’s been fine for years, it helps you work out if you would fit in with an organisation and if the work is actually for you. If a company is clear that no salary will be paid and you aren’t happy about it – don’t accept it! There is an air of entitlement that a lot (not all) of recent grads have that is really grating. If you don’t want to intern for free then don’t, stop complaining and get a job – a lot of employers require no experience for entry level positions.
You’re missing the point, Sophie.
Many employer’s entry level positions are now unpaid internships. The amount of employers who seem to feel that it’s okay to offer unpaid internships as entry level positions because they themselves did it, or some famous business man or woman did it, is beyond comprehension. It’s NOT okay.
Unpaid internships have become a rite of passage to get into a large number of industries, especially if you ever dream of actually working in a charity and being paid for it.
Thousands upon thousands of ambitious, skilled, and highly capable young people will be irredeemably locked out of dream careers because they are unable to afford to work for free.
That’s not how it’s meant to be. My core belief is you get paid for your work, plain and simple. Why should my labour line the pockets of some director while I go hungry and couch surf? F— that.
First of all, I’d like to say I get your points by being unpaid to do a full time job is unfair on the company. But, would any of these young interns have received a job otherwise? I worked at Reed on an internship basis after months of searching for paid work with no luck. I did 9-5 days with 1 day holiday in the 12 weeks I was there. Of course, I did just as much work as everyone else with 50 times less on the paycheck but after working there I was given the opportunity to a very well established company which I never would of got otherwise. Yes, everyone wants bigger paychecks but if you remove internships the younger people wont receive any opportunities to work and expand their career.
@megan
Whether or not they would “have received a job otherwise” is irrelevant. Working without pay is illgal. If you benefit from the labour, employers have to pay the price.
Whether you feel like it or not, if you were working for Reed unpaid in the conditions you’ve described, they have broken the law and you have been exploited (REGARDLESS of whether you’d have ‘received a job otherwise’).
If you make unpaid internships illegal, the entire labour market will change. There’ll be these things called “entry level jobs” and employers will actually have to provide training for young labour market entrants. Imagine that?