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how to draft a internship agreement uk

How to Draft a Internship Agreement in the UK

If you need to know how to draft a internship agreement uk, you are in the right place. Getting this document wrong is a genuine legal risk — not a paperwork formality. In the UK, the status of an intern is not automatically fixed by what you call them. If your intern works regular hours, follows instructions, and receives any benefit, HMRC and employment tribunals may classify them as a worker or even an employee. That triggers minimum wage obligations, holiday pay entitlements, and more. A properly drafted internship agreement sets out the nature of the arrangement clearly — whether it is a genuine work experience placement, a structured learning programme, or a paid internship — and protects both sides. This guide walks you through what must go into the document, what to avoid, and where the legal lines sit under UK employment law. If your situation involves payment, extended duration, or any ambiguity about status, escalating to a solicitor is worth considering.

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Why this matters

Most founders drafting an internship agreement for the first time assume it is simpler than an employment contract. It is not. The core problem is worker status misclassification. If you bring someone in as an unpaid intern but they are doing real work under your direction, UK law may treat them as a worker entitled to National Minimum Wage. A vague or copied-from-the-internet agreement will not protect you. You need a document that accurately reflects the arrangement, sets expectations clearly, and does not accidentally create employment rights you did not intend. Getting this wrong can result in back-pay claims, HMRC penalties, and tribunal exposure.

The Atornee approach

Atornee lets you generate a UK-specific internship agreement that is structured around the actual legal distinctions that matter — worker status, NMW exemptions, duration, supervision, and confidentiality. You are not filling in a generic template. You answer questions about your specific arrangement and Atornee produces a document built around your answers. You can review it, edit it, and download it. If the document flags complexity — for example, a paid internship lasting several months — it will tell you when a solicitor review makes sense. That is the honest version of AI legal assistance.

What you get

A UK-compliant internship agreement that correctly reflects the intern's status — work experience, unpaid placement, or paid internship — reducing misclassification risk
Clear clauses covering duration, working hours, supervision arrangements, and what the intern is and is not entitled to
Confidentiality and IP assignment provisions so your business information and any work product are protected from day one
Plain-English language that both you and the intern can actually understand, without removing the legal substance
Honest guidance on when your arrangement crosses into worker or employee territory and what to do about it

Before you sign checklist

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1. Determine the actual nature of the arrangement — is this unpaid work experience, a structured learning placement, or a paid internship? This affects NMW obligations before you write a single clause.
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2. Check whether the intern qualifies for an NMW exemption — genuine work experience as part of a UK educational course or a charity volunteer arrangement may qualify, but most do not.
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3. Confirm the intended duration and working pattern — open-ended or long-term arrangements increase the risk of implied employment status.
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4. Decide what confidentiality obligations you need — if the intern will see client data, pricing, or product information, a confidentiality clause is not optional.
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5. Clarify IP ownership upfront — any work the intern creates during the placement should be assigned to your business in writing.
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6. Include a clear statement of what the intern will and will not receive — expenses, training, a reference — so there is no ambiguity later.
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7. Have both parties sign before the placement starts, not after — a retrospective agreement is significantly weaker if a dispute arises.

FAQ

Do I legally need an internship agreement in the UK?

There is no statutory requirement to have a written internship agreement, but not having one is a serious practical risk. Without a written document, the nature of the arrangement is ambiguous. If a dispute arises about pay, status, or conduct, you have nothing to point to. A written agreement also helps demonstrate that the arrangement was genuinely structured as a placement rather than disguised employment.

Can I have an unpaid intern in the UK legally?

Only in limited circumstances. If the intern is a worker — meaning they are obliged to turn up, follow instructions, and do real work — they are entitled to National Minimum Wage regardless of what you call them. Genuine exemptions exist for work experience placements that are part of a UK-based further or higher education course, and for voluntary workers at charities. If your intern does not fall into one of these categories, unpaid is likely unlawful.

What should an internship agreement include?

At minimum: the names of both parties, the start and end date, the nature of the placement, working hours and location, what the intern will and will not be paid or reimbursed, confidentiality obligations, IP ownership, conduct expectations, and how either party can end the arrangement early. If the intern is paid, you also need to address holiday entitlement and any other statutory worker rights that apply.

Does an intern have employment rights in the UK?

It depends on their legal status. If they are classified as a worker, they have rights including National Minimum Wage, working time protections, and whistleblowing protections. If they meet the threshold for employee status — which is harder to reach but possible in long or structured arrangements — they gain additional rights including unfair dismissal protection after two years. The label you put on the agreement does not determine status; the actual working relationship does.

How long can an internship last in the UK?

There is no legal maximum duration, but longer arrangements increase the risk that a tribunal will view the intern as a worker or employee. A short, structured placement of a few weeks is much easier to defend as genuine work experience than a six-month arrangement where the intern is doing the same job as a paid member of staff. If you are planning something longer, take legal advice before you start.

When should I get a solicitor to review my internship agreement?

If the intern is being paid, if the placement lasts more than a couple of months, if they will have access to sensitive client or commercial data, or if you are in a regulated industry, a solicitor review is worth the cost. Atornee can help you get a solid first draft in place quickly, but complex or high-risk arrangements benefit from a qualified eye before you sign anything.

Related Atornee Guides

Cheap Contract Solicitor Alternative (UK)

Useful if you want to understand your broader options for getting contracts reviewed affordably alongside your internship agreement.

Cheap Solicitor for NDA (UK)

If your intern will access confidential information, pairing a standalone NDA with your internship agreement adds an extra layer of protection.

Atornee Use Cases

See how other UK founders are using Atornee to handle employment and contractor documents across different business types.

External References

GOV.UK Business and Self-employed

Official UK government guidance on employment status, National Minimum Wage, and employer obligations relevant to internship arrangements.

UK Legislation

Primary statutory reference for the Employment Rights Act 1996, National Minimum Wage Act 1998, and Working Time Regulations 1998 — all relevant to internship status.

ICO Guidance for Organisations

If your intern handles personal data, UK GDPR obligations apply. ICO guidance covers what you need to have in place.

Trust & Verification Policy

Authored By

A

Atornee Editorial Team

UK Employment and Contract Research

Reviewed By

C

Compliance Review Desk

UK Business Legal Content QA

Last reviewed on 3/4/2026

"This content is based on analysis of UK employment law, HMRC guidance on worker status, and common drafting issues identified across internship and work experience arrangements for UK small businesses. It reflects the practical questions founders encounter when structuring placements for the first time."

References & Sources