Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Can an employer use an unpaid work trial as part of a recruitment process?
Work trials can be a useful tool for employers and can form a legitimate part of a recruitment exercise by enabling employers to observe how a candidate performs in a real work setting before formally choosing to hire the candidate.
If the candidate performs to a high standard during the trial period, it will show the employer that they will be capable of carrying out the job role. Trial periods are often unpaid and therefore are sometimes frowned upon by trade unions and the general public.
Unfortunately, there is no specific legislation which governs this area of employment law. However, a good starting point is the
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