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► HELP ON SUSSEX SU
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► Employment FAQs
Part time work is now essential for most students to survive during their studies – recent NUS research suggests that 90% of students work during holidays and between 40-70% during term time. What are your rights as a part time worker?
Do students have to pay tax?
Well you’re not automatically exempt- if you earn over certain amounts (£6,475 for the 09/10 tax year if you’re single) you’ll have to pay like everyone else. Sometimes employers charge you at an emergency tax rate, and this may happen if you have more than one part time job. If by the end of the tax year (April) you haven’t earned more than your allowance, you can apply for a tax rebate.
How much is the national minimum wage?
It depends on your age, but most students should get the 18-21 rate which is £4.83 per hour or the 22 and over rate which is £5.80 per hour ( Oct 2009). Some unscrupulous employers may still try to get away with paying you less. There’s a complicated calculation to work it out but if you think you’re not getting the national minimum, get help by calling the national Pay & Work Rights helpline on 0800 917 2368.
Will I get a pay slip?
You should do by law. It should contain certain details like deductions for tax and national insurance and your net pay after tax. You should also get a P60 at the end of the tax year, or a P45 when you leave a job, with your total earnings.
Can an employer make deductions from my wages?
Usually only in certain circumstances: tax and national insurance, deductions required under a court order or deductions for which you have given verbal/written permission.
Work in retail? If you are employed in shops, restaurants, bars or any job where you take money for a service or product then the employer can make deductions for till/ stock shortages if they follow special rules:
- make the deductions within a year
- explain the reason for deduction in writing
- only deduct a maximum of 10% from each payslip
Will I get holiday/ sick pay?
Under part time workers’ regulations even part time workers are entitled to holiday pay. Full time workers can get a minimum of 28 days. Part time workers get it pro rata so if you work 3 days per week you get it in proportion. Obviously if you have a nice, generous employer you may get more, but this is the minimum.
To work out your minimum entitlement check out the calculators on www.berr.gov.uk or www.businesslink.gov.uk
For sick pay- check your contract or contact us for advice.
I’m an agency worker- are the rules different?
Agency workers should still be entitled to holiday pay like everyone else but sick pay is more complicated- you aren't excluded from getting sick pay just because you're an agency worker but you have to meet certain qualifying rules. If you are not working on the day you fall sick you won’t be paid, plus you need to be sick for 4 consecutive days and pay enough national insurance contributions. If you think your agency are breaking the rules and not paying you your sick pay entitlement, you can contact the national Pay & Work Rights helpline on 0800 917 2368.
What if I work cash in hand?
It’s tempting to get the hard cash straight in your pocket, but you need to know that your rights could be jeopardised if your employer doesn’t pay tax and national insurance and if the taxman finds out both you and the employer could be prosecuted.
I want to leave my job- how much notice should I give?
Generally if you’ve worked for at least 1 month you should give a weeks notice, but check your contract as you may be obliged to give longer
How much notice should my employer give me?
Again, this may be set down in your contract. As a minimum if you’ve worked for them between 1 month and 2 years you’re entitled to 1 weeks notice. If you’ve worked 2 years plus you’re entitled to an extra week for every year of service. In addition, under your contract you may be entitled to even longer.
What if I’m an international student?
There are specific issues for international students who work, eg. you can only work a certain amount of hours under immigration rules and are liable to deportation if you exceed those levels (usually 20 hours per week in term time and 40 hours in vacations). Sometimes if you haven’t worked in this country before there can be problems obtaining a National Insurance number and/ or convincing a potential employer that you are allowed to work at all!
Check out the information at www.ukcisa.org.uk for helpful guidance notes on working in the UK.
Three is the magic number
If you have a serious dispute with your employer and you want to take it to appeal (ie. employment tribunal) there is often a 3 month deadline to submit a claim. Don’t miss out, if you have problems at work seek advice urgently!
More info?
It’s impossible to cover all potential work issues in this section and employment rights can be complicated, so if you have other problems eg. face dismissal / disciplinary/ experience harassment, please see further information in our other employment sections on the website or contact us for further advice.
