Claimant v B&M Retail Limited
Outcome
Individual claims
Tribunal found the claimant was not an employee or worker but a volunteer participating in a DWP-funded work experience scheme under Regulation 51 of the National Minimum Wage Regulations 2015. The tribunal therefore had no jurisdiction to hear the claim. In the alternative, even if he had been a worker, he would not have been entitled to national minimum wage as he was exempt under Regulation 51.
Facts
The claimant was referred by the DWP for an unpaid work experience placement with the respondent from 25 September to 25 October 2024 as part of the Jobcentre Plus Work Experience Programme. He participated voluntarily, continued to receive benefits, and was made aware the placement was unpaid. He was interviewed at the end but was unsuccessful in obtaining employment. He later claimed he was owed wages and holiday pay. The claimant did not attend the preliminary hearing.
Decision
The tribunal found the claimant was not an employee or worker but a volunteer participating in a DWP-funded scheme exempt under Regulation 51 of the National Minimum Wage Regulations 2015. There was no mutuality of obligation or contract between the claimant and respondent. The tribunal therefore had no jurisdiction to hear the claim for unlawful deduction of wages. In the alternative, even if he had been a worker, he would not have been entitled to national minimum wage.
Practical note
Participants in government-funded work experience schemes under Regulation 51 NMWR 2015 are not workers or employees and are not entitled to national minimum wage, provided the scheme meets statutory requirements and participation is voluntary.
Legal authorities cited
Statutes
Case details
- Case number
- 1604427/2024
- Decision date
- 21 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No