The term 'voluntary worker' has a specific meaning for NMW purposes.
Why are you even bringing the "voluntary worker" into this? A volunteer is not, by definition, a voluntary worker. The latter is irrelevant for this discussion
Let us go back to my link and read a bit further:
quote:
The worker test
Determining if someone qualifies for the NMW depends on whether they satisfy the definition of a worker, and if so, whether one of the exemptions applies.
A person's status will ultimately depend on the circumstances under which they work and whether they are performing as a worker. Key elements in establishing whether someone is a worker include:
- whether there is an obligation on the individual to perform the work and in return an obligation on you to provide the work
- whether the individual is rewarded, such as through money or benefits in kind
When this guidance refers to a 'worker' it is referring to worker in this sense. If somebody is a worker, they will qualify for the NMW unless a specific exemption, such as the voluntary worker exemption, applies.
So, as Straggler was not working for himself, had an implied contract
Did he have an implied contract? Did he have an obligation to work? I see no evidence for that, but I will leave it for him to state the case.
Not having practical experience isn't an excuse not to pay someone.
Not having practical experience is a perfectly good reason not to employ someone. That is precisely why both my current volunteer and the numerous others who have approached me to volunteer had not managed to gain employment in their chosen area.
After all, you don't seem to think that their lack of practical experience prevents them from being able to do the job.
What "job"? He doesn't perform a "job". His lack of practical experience is exactly what prevents him from performing a "job" in my company. Under supervision, he is learning to perform certain tasks - tasks normally performed by the supervisor.
And thus he is gaining practical experience. If I decide that we have a vacancy for another junior engineer, he will be very well placed for that position.
Rather, you're taking advantage of their lack of experience to get their labor for free.
On the contrary, he is taking advantage of my good nature to gain use of our engineering bay to practise his skills, and our engineers to coach and supervise his work.
The result - now being investigated in the UK, and hopefully eventually in the US - is an enormous donation of free labor to employers like yourself who delude themselves into thinking they're doing the exploited a favor.
Nope, you're right. You've convinced me. I'll tell him to piss off when he turns up tomorrow.