Employment Law Changes and the “Working Pupil”

The EEA has teamed up with Cheryl Johns the owner and founder of LiveryList and the Yard Owner Hub to spread important news to our audiences.

Cheryl is a qualified and experienced yard manager, marketing advisor, and business consultant with experience across a range of industries.

Cheryl works as a consultant for equestrian charities and organisations to develop understanding of the livery sector.

In this blog, Cheryl discusses how proposed changes in employment law could affect yards with " Working Pupils".

"The new government has released their plans for employment law reforms recently, and there are several points included that could have a substantial impact on yard owners, and the way they operate in terms of staffing and employment.

To have ‘Working Pupils’ has long been an option for livery yards and riding schools. Historically a working pupil was an unpaid employee who works on the yard not for payment, but in return for training, accommodation and livery for their horse. Working pupils are commonplace on high level competition yards, and busy equestrian centres. The main advantage being that you learn ‘on the job’, and by gaining that experience can often lead to a permanent employed role on that yard, or a similar position elsewhere.

However, effectively the way that many yards manage their working pupils, they would simply be classed as unpaid internship. Given Labours proposals to ban unpaid internships under the reforms, the notion of “Working Pupils” will likely become a thing of the past, and employers must ensure that they are employing such staff appropriately and undertaking the necessary processes to be compliant in terms of providing training, livery or accommodation within that employment package.

At present, some forms of work experience or internships can lawfully be unpaid. For example, someone who is shadowing a member of staff or their employer but not actually performing tasks does not qualify for the national minimum wage. However, if an intern is required to carry out certain tasks – as is commonplace with “Working Pupils” or getting some form of reward for work -such as a promise of future employment- then they are likely to be considered an employee and should be paid accordingly. Deciding an intern’s status can be a grey area in practice and hence the proposed reforms by the government.

However, unless the government opt for a full ban, unpaid internships are likely to be permissible by exception if they are part of an accredited and formal education or training course, but the responsibility will still be on the employer to ensure they are meeting their obligations and responsibilities around such an arrangement. Depending on the final bill there may also be other exceptions to the rule such as a time limit for acceptable unpaid internships, and changes to the definitions of “work experience”  or “internships”.

For those already employing “working pupils” correctly, it is unlikely that they would be affected by the proposed changes. However, now is a great time to review that you are indeed compliant in offering these positions, and to make any necessary changes ahead of time.

Regardless of employment status, it is always important for employers to understand their obligations and responsibilities that all staff are employed legally and fairly. Failure to do so could result in action being taken against them should they be reported, which could lead to heavy fines and even imprisonment in severe cases. We would therefore always recommend that anyone employing in the equestrian industry- even part time or casual staff, joins the EEA for their support and guidance and to ensure they are complying with employment law".

Thank you Cheryl for discussing this important topic!

About the author

Cheryl Johns, owner and founder of LiveryList and the Yard Owner Hub, is a qualified and experienced yard manager, marketing advisor and business consultant with experience across a range of industries. She works as a consultant for equestrian charities and organisations developing their understanding of the livery sector.

About LiveryList

Launched in 2011, LiveryList is the UK’s leading directory of equestrian establishments. In 2023 they launched the Yard Owner Hub, and industry leading and industry recognised resource for the owners of equestrian establishments.

The Equestrian Employers Association is here to help employers protect their businesses by complying with employment law and good HR practice. Your team are key to the performance and development of your business which is why looking after them is so important.

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