What students need to know about their employment rights

Student life in the UK often means taking on a part-time job to boost your income. Working during college or university studies can be a valuable step into future employment but it can also prove stressful, especially if you don’t know your legal rights as a student.

 

What employment rights do students have?

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As a student employed by a company, you have the same employment rights as any other employee. These are:

• to receive the national minimum wage or national living wage, depending on your age
• to be protected against unlawful deductions being made from your wages
• minimum statutory holiday pay
• minimum statutory rest breaks
• protection against discrimination, including being treated less favourably because you work part-time
• protection for whistle-blowers
• statutory sick pay
• statutory maternity/paternity/adoption/shared parental leave and pay
• minimum notice period
• to be protected against unfair dismissal
• the right to ask for flexible working
• time off for emergencies
• statutory redundancy pay

Workers and employees also have the right to work no more than an average 48 hours per week. However, most universities require that students work no more than 20 hours per week during term time.

What is the difference between a worker and an employee?

Employees are often referred to as workers but in employment law, they are two different things.

If you are an employee, you work for a company, organisation, or individual under the conditions of an employment contract.

If you are a worker, you might work under a contract for a set period of time or work for a reward other than money. You can find a full explanation of what it means to be a worker on the gov.uk website.

What is breach of contract?

As an employee, you automatically enter into a contract of employment as soon as you accept an unconditional job offer. This means that both you and the employer are bound by the conditions of that contract, for instance, payment of the national minimum wage or the need to give notice. The employer doesn’t have to provide you with a written (or emailed) employment contract, but they must provide a written statement of terms.

Should you or your employer break the conditions of your contract of employment, this is called a breach of contract. This might happen if:

• your employer insists you work more than your contracted hours or you will be sacked
• you leave without giving notice
• your employer refuses to allow you to take paid holiday or rest breaks

If your employer breaches your contract, you can ask that the issue be resolved. If the issue isn’t resolved, you can lodge a formal grievance in writing. If you do nothing at all or delay reacting to an employer’s breach of your contract, this will generally be taken as your acceptance of the situation and you won’t be able claim breach of contract at a later date.

If you breach your contract, the way the employer is allowed to react depends on the extent of the breach on your part.

Where can students go for advice?

Should you find yourself in a situation where you need advice on your employment rights, there are plenty of places to go for help.

• your university student union
• Citizens Advice Bureau
• the gov.uk website
• Acas
• Save the Student
• the HR department of your employer

How students can protect their employment rights

There are three main stages in the recruitment and employment process where you can take steps to protect yourself.

  During the recruitment process

Make sure that the job advert and description make it clear what you will employed to do, the hours you will be expected to work, and how much you will be paid. If any of this is unclear, don’t be afraid to ask the employer before you apply. Companies don’t have to state how much they will pay but more and more employers are embracing salary transparency as a way to attract candidates. Make sure that the employer is willing to pay you at least the national minimum wage. Secondly, check that the job description doesn’t breach any of your employment rights, for instance, stating that holiday is unpaid.

Should you be invited to interview, listen out for any clues that your employment rights may not be upheld by the employer, for instance, a reluctance to state how much you will be paid or the suggestion that the conditions of your employment contract can be changed without notice or discussion. Again, make sure that by the end of the interview you have a clear picture of what the job entails, what you’ll be paid, and the hours you can expect to work.

  When you are hired

When you accept an unconditional job offer, you automatically enter into a binding contract with the employer. It’s therefore important that you know exactly what the conditions of the job offer are before you receive your employment contract or written statement of terms.

If the contents of either of these documents are different to what you have been told or are stated in the job description, tell the employer. This is especially important if the new job details breach your employment rights.

  When you are working

Once you begin working as an employee, you are protected by all the employment rights that any other member of staff can expect. You can’t be treated differently to other employees just because you are a student or a part-time worker.

Wrapping it up

Working as a student may be your first experience of employment. Even if that isn’t the case, you may feel unprepared or lacking in confidence when facing an employer who treats you unfairly. Thankfully, you are as protected by employment rights as any other employee. Don’t be afraid to question your employer and do seek help from bodies such as your local student union.