As a university student who might be working part-time, on a placement, or as a Degree Apprentice, it's important to understand your rights in the workplace.
Employment rights are generally split into two types:
- Statutory Rights - These are your absolute minimum guarantees, set out in law (like the National Minimum Wage). Your employer cannot legally take these away.
- Contractual Rights - These are the additional benefits and terms outlined in your employment contract. They can improve upon your statutory rights (e.g. offering more than the statutory minimum annual leave) but can never undermine them.
Your employment status determines the level of protection and rights you receive.
- Employees have the most rights (includes all worker rights plus things like unfair dismissal protection). Employees include most full-time and part-time staff, including Degree Apprentices.
- Workers have core rights such as minimum wage, paid holiday, protection against discrimination. Workers include casual staff, agency workers, and most part-time workers.
- Self-employed have the fewest employment rights, generally operating under a contract for services. Self-employed includes freelancers and independent contractors.
No matter your status (Employee or Worker), you are entitled to core rights that often start from your first day of employment:
- National Minimum Wage - Guaranteed minimum hourly pay set by the government.
- Itemised payslip - A breakdown of your pay and deductions.
- Paid annual leave - A legal minimum amount of paid holiday time.
- Rest breaks - An uninterrupted 20-minute rest break if you work 6+ hours in a day.
- Statutory Sick Pay (SSP) - Payment if you are ill for more than three days.
- Protection from discrimination - Legal protection based on age, race, gender, disability, etc.
- Notice period - A minimum notice period if your employer dismisses you.
Some rights (i.e. protection against unfair dismissal) require a minimum length of service, but most core rights start immediately.
National Minimum Wage
The National Minimum Wage (NMW) is the minimum hourly rate you can be paid for your job.
By law, an employer must pay you at least this amount. You can't agree to be paid less and your employer can't call you a 'volunteer' or an 'intern' to avoid paying it. Nearly everyone who works is entitled to at least the NMW.
Check if you're eligible for NMW
Your NMW rate depends on your age, and whether you're an apprentice. Apprentices (including Degree Apprentices) are entitled to the lower apprentice rate if they're under 19, or if they are 19+ and in the first year of their apprenticeship. Once they've completed their first year, apprentices aged 19+ must be paid the NMW rate for their age.
NMW rates increase on 1 April every year.
View current NMW rates
Even if it looks like you're getting at least NMW, you could still be underpaid. Common causes include:
- Unpaid time - you should get NMW for training time, and working before or after your shift.
- Paying for work stuff - if you have to spend some of your pay on things like uniform, other clothes, or equipment, what's left must still be at least NMW.
- Deductions - if things like meals, transport, or savings schemes come out of your pay, what's left must still be at least NMW.
- No pay rise - some employers forget to pay the new rate when the NMW goes up.
- Apprentice rate - if you're 19+ and you've finished the first year of your apprenticeship, you should get the NMW rate for your age instead.
Check you're being paid correctly
Think you've been underpaid?
Speak to your employer first, if you feel comfortable. If you don't, or it doesn't work, you can report them to HM Revenue and Customs (HMRC) via a 5-minute online form. You can report an employer even after you've left your job.
If you prefer to speak to someone, you can call the Acas helpline on 0300 123 1100. Acas will put you through to HMRC, and there's a translation service if you need it. You can also contact us at SU Advice.
HMRC will check what the employer is paying all its workers, not just you. HMRC won't tell the employer you reported them, but will keep you updated with what happens.
Get what you're owed - it's your legal right.
View our employment guide for more detailed information on employment rights, and contact us at SU Advice if you need to speak to an adviser.