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How To handle Trial Shifts: A Simple Guide For Employers

Manager giving instructions to employees for their trial shift

In this article, we will explore the concept of a trial shift, its role in the recruitment process, and provide detailed guidance on how employers can effectively utilize trial shifts to assess potential employees.

What is a trial shift?

Think of a trial shift like a hands-on audition. It’s when you ask a candidate to come in and do the actual job (usually for a short period) so you can see how they work in real life. It's common in hospitality, retail, and other hands-on roles where CVs don’t show the full picture.

But let’s be clear: it’s not just a quick chat or informal look around. A trial shift typically involves doing real tasks (like serving customers or working the till), either under supervision or as part of the actual team.

Are trial shifts legal?

Yes—trial shifts are legal in both the UK and the US. But (and it’s a big but), they have to follow certain rules.

In the UK, the government and HMRC say a trial shift is legal only if it’s a genuine test of someone’s skills and not just free labour. If the person is doing productive work (say, clearing tables, serving customers, stocking shelves) then it counts as work, and the National Minimum Wage (NMW) must apply.

In the US, things depend heavily on the state. The Department of Labor looks at whether the shift benefits the business more than the candidate. If it does, it's likely considered work, and it must be paid; according to both federal and state wage laws.

⚠️ Good to know: In 2025, the UK is preparing new worker protections under the Employment Rights Bill, and US states like California and New York have tightened wage transparency and worker classification rules, so make sure your policies are up to date.

Are trial shifts legal in UK and US - Shiftbase

Do employees get paid for trial shifts?

If they’re doing actual work—yes, they should absolutely be paid.

Here’s the short version:

  • In the UK, if a trial shift involves doing any real work (e.g. helping customers, cleaning, stocking), it must be paid at least the National Minimum Wage. No exceptions.

  • If it’s purely observation or a short skills test, you might get away with not paying, but only if the person isn’t adding any value to your business during that time.

  • In the US, it’s safer to pay all trial shifts, unless it’s clearly a voluntary, no-benefit-to-you situation (which is rare in real life).

⚠️ 2025 update: With pay transparency laws and tribunal compensation caps increasing in both the UK and parts of the US, underpaying someone (even for a few hours) can turn into a costly headache.

How long should a trial shift be?

Short answer? Just long enough to fairly assess the candidate’s skills—but not longer.

In most industries, a trial shift usually lasts between 1 to 4 hours. That’s plenty of time to see how someone handles the basics without dragging it out or crossing into full-day work territory.

If you need them for longer than that, you're probably getting value from their time, which means they should definitely be paid (and probably already fall under minimum wage rules).

Here’s a quick guide to what’s considered fair:

Length of trial shift When it's OK When it becomes risky
Under 1 hour Skills test or shadowing only OK if no productive work is done
1–2 hours Enough to assess basic skills Should be paid if tasks benefit your business
3–4 hours Pay is expected, even if it’s a test Unpaid = high legal risk
Full shift (5+ hrs) Treat as real work: full pay required Otherwise it’s basically free labour

💡Tip for employers: If you're unsure whether the trial should be paid, ask yourself:
“If my regular staff did this, would I pay them?” If the answer is yes, you know what to do.

How to run a fair and legal trial shift

A trial shift is a great way to see how a candidate performs in the real world, but only if it’s handled fairly, legally, and respectfully. Done wrong, it can backfire (and cost you). Here’s how to do it right, step by step:

1. Be clear from the start

Let the candidate know what the trial shift is for, how long it will last, and whether it’s paid.

👉 Send the details in writing (email is fine). This builds trust and keeps things crystal clear.

Include:

  • Date and time

  • What they’ll be doing

  • Who they’ll report to

  • What they’ll be paid (if applicable)

  • What happens after the trial

2. Keep it short

Aim for 1–2 hours max unless you’re paying them. Anything longer starts looking like free labour, which is where legal trouble begins.

3. Avoid real work without pay

If they’re helping your business (e.g. taking orders, stocking shelves, cleaning tables), you must pay them, at least minimum wage.
That’s the rule in the UK (and most US states).

Observation or basic skills tests may be unpaid, but tread carefully. If in doubt, just pay them; it’s fair and it protects your business.

4. Supervise and support

Don’t throw them into the deep end. Make sure someone is there to:

  • Explain tasks clearly

  • Give feedback

  • Answer questions

This helps the candidate and helps you judge how they handle learning on the job.

5. Pay promptly (if required)

If the shift meets the criteria for real work, pay them the going rate; at or above National Minimum Wage in the UK, or state minimums in the US.

And do it without delay. Nobody likes chasing unpaid wages; especially not someone who’s just met you.

6. Document the outcome

Make brief notes after the shift:

  • Did they meet expectations?

  • Would you move forward?

  • Any red flags?

This protects you in case there’s ever a dispute, and helps keep hiring decisions fair and consistent.

💡 Bonus tip: Keep a standard “trial shift feedback form” on file. Easy to fill, helpful long term.

Do I need a contract for a trial shift?

Not always a full-blown contract, but yes, you should have something in writing. Especially now that worker protections and tribunal claims are getting sharper teeth.

If the trial shift is:

  • Unpaid and short (under an hour, no real work), a formal contract might be overkill, but a clear email or written agreement is still a must.

  • Paid or includes productive work? Then legally, that person is working for you. That means they should get:

    • A written agreement

    • At least minimum wage

    • Basic employment rights (yes, even for one shift)

⚠️ Quick test: If they’re doing a job that benefits your business, treat them like any other temp or casual worker.

What should the trial shift agreement include?

Keep it short, but cover the essentials:

📄 Basic trial shift agreement should state:

  • The date, time, and duration of the shift

  • What tasks they’ll be doing

  • Whether it’s paid (and how much)

  • Who to report to

  • What happens after (e.g. “we’ll contact you by Friday”)


In the UK (2025 update):

  • You must provide a written statement of terms (even for one day) if the shift counts as employment under the National Minimum Wage Act.

  • With upcoming changes from the Employment Rights Bill, zero-hours and probation practices are under more scrutiny; so being vague is no longer an option.

In the US:

  • Laws vary by state, but if someone is doing real work, they're entitled to wages and clear terms, even if they never return after the shift.

⚠️ Bottom line: If it walks like a worker and works like a worker—give them a paper trail.

What happens after the trial shift?

Once the trial shift is over, it’s time to decide: thumbs up or not quite the right fit?

What shouldn’t happen is silence. Ghosting someone after they’ve worked (even for an hour) isn’t just unprofessional, it can also leave a bad impression (and in paid trials, may raise legal issues too).

Here’s how to wrap things up fairly and clearly:

Give feedback (yes, even if it’s a no)

Be honest, but kind. Whether they blew you away or struggled with the till, a quick message helps them move on and shows your company has its act together.

💡Tip: Send a message within 24–48 hours. It can be short; something like:

“Thanks again for coming in on Tuesday. We really appreciated your time. After reviewing everything, we’ve decided to move forward with another candidate, but we wish you all the best.”

👉 If it’s a yes? Let them know what the next steps are; onboarding, contract, start date, etc.

Pay them (if applicable)

If it was a paid trial, make sure wages are sorted straight away. Ideally within a few days.

In the UK, this means:

  • Meeting or beating the National Minimum Wage

  • Recording hours worked (especially post-2025 reforms around short-term and zero-hour work)

In the US, you’ll need to follow state wage payment rules, which often require payment by the next regular payroll. Keep the payslip or receipt on file, just in case.

Record your hiring decision

Make brief notes on how the trial went. This is especially important if:

  • You’re choosing between multiple candidates

  • You’re rejecting someone after a paid shift

  • You ever need to justify your decision

💡Simple HR tip: Create a trial shift evaluation form with tick boxes and comments. Saves time later.

Keep it professional, even if it’s a “no”

Every trial shift is a reflection of your brand. Even candidates you don’t hire might speak about the experience to others, or apply again in future.

So wrap things up cleanly, pay fairly, and don’t leave people hanging. It’s better for your rep, your HR compliance, and your conscience.

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How Shiftbase makes trial shifts (and everything after) easier

Running trial shifts is just one part of managing your team, but it’s often where first impressions start. Whether you're scheduling a one-hour test shift or tracking hours for a paid trial, having the right tools in place makes everything smoother. That’s where Shiftbase comes in.

With our all-in-one workforce management software, you can:

  • Plan and assign employee scheduling for trial shifts with just a few clicks

  • Automatically track time during paid trial shifts, so nobody gets underpaid (or overworked)

  • Monitor attendance and easily manage absences if the shift doesn’t go as planned

And because it’s all in one platform, you’ll always have a clear record of who worked, when, and how it went.

🎯 Ready to try it yourself?
Start your free 14-day trial today and see how Shiftbase can help you run smarter trial shifts, and everything that comes after. 👉 Try Shiftbase for free

employee scheduling
Topic: Work Shift

Written by:

Rinaily Bonifacio

Rinaily is a renowned expert in the field of human resources with years of industry experience. With a passion for writing high-quality HR content, Rinaily brings a unique perspective to the challenges and opportunities of the modern workplace. As an experienced HR professional and content writer, She has contributed to leading publications in the field of HR.

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Please note that the information on our website is intended for general informational purposes and not as binding advice. The information on our website cannot be considered a substitute for legal and binding advice for any specific situation. While we strive to provide up-to-date and accurate information, we do not guarantee the accuracy, completeness and timeliness of the information on our website for any purpose. We are not liable for any damage or loss arising from the use of the information on our website.