Student worker rights

We know that more and more students are working alongside their studies, so it’s important that you’re fully aware of your rights and how to uphold them. Be it pay or holiday entitlement, trade unions or tax - your SU has your back.

You have rights regardless of being a full-time, part-time or a casual employee - so use them!

At the start of your employment you should be given a statement of the terms and conditions of your employment within 8 weeks of starting your job. This statement can be written or oral (or both) and should include information such as:

  • Job title
  • Rate of Pay
  • Notice Period
  • Hours of work
  • Holiday entitlement
  • Details of Pension Scheme

You can find out more information here.

Did you know?

The following things are essential for you to start your job:

  • National insurance
  • P45
  • Proof of address
  • UK visa (if appropriate)
  • ID (passport or driver's license)
 

Pay

You are entitled to be told, in writing, how much you will be paid and when your wages will be paid.

This is the minimum hourly rate of pay; this rate is reviewed every year and dependent on your age and whether you’re an apprentice.

The current rate (as from April 2023) is:

  • £7.49 for workers aged between 18 - 20
  • £10.18 for workers aged 21 - 22
  • £10.42 for workers aged 23 and over.

If you are an apprentice, you are only entitled to the apprentice rate of £5.28 if:

  • You are aged under 19
  • If you are over 19 and this is your first year of apprenticeship.

If you are over 19 and this is not your first year of apprenticeship, you are entitled to minimum wage rates.

If you have any concerns that you are not being paid the correct rate, you can get confidential help and advice about the National Minimum Wage.

Call 0800 9172368 or find out more at https://www.gov.uk/national-minimum-wage.

Calculate your salary from your hourly rate here.

An interesting fact...

You might come across the term “Living Wage”. The Real Living Wage is the hourly wage that employees should be getting to meet living costs in the UK. London has a higher rate as living in London is more expensive. It is different to the minimum wage as it takes into account the ACTUAL cost of living. Living wage is NOT a legal obligation of your employer, however minimum wage is! Durham SU is proudly a Living Wage employer, and we are actively championing this with other partners. You can find more about our campaign here

Hours, Holiday and Leave

Working hours

Working time regulations (WTR) cover your employment rights to make sure you do not work excessive amounts.

You cannot be forced to work more than 48 hours in a single week; your boss can ask you to work more than this, but this request must be made in writing and in advance.

You are also entitled to:

  • A rest break of at least 20 minutes for every six hours of continuous work during a single shift.
  • At least 11 hours’ rest in each 24 hour period- this means if you finish a shift at 9pm you shouldn’t be on the rota again until 8am the next day.

Holidays and sick leave

All workers are legally entitled to a certain amount of holiday per year (unless you are self-employed or on a temporary contract).

Full time workers get at least 5.6 paid holiday weeks a year (whether this includes bank holidays is up to your employer).

For part time workers you are entitled to a proportion of those 5.6 weeks, dependent on how many hours/ days you work.

Click here to find out how much holiday you are entitled to.

Taking annual leave

When you decide to take annual leave is up to you and your employer. It’s all about coming to an agreement that suits both of you.

During busy times (e.g. Christmas) employers might impose a ‘holiday blackout’, this is something to check before you start work if you are intending to go home for the holidays.

Whilst your employer must give you the option of taking a set amount of days off a year, there are no rules regarding when and how many days you can have off in a row.

Sick Leave

You can be off work for up to 7 consecutive days before you need to provide your employer with a doctor’s note or ‘fit note’.

You are entitled to statutory sick pay if you normally earn over £112 per week and have been ill for a least 4 days in a row.

You are entitled to statutory sick pay if you normally earn over £120 per week and have been ill for a least 4 days in a row.

If you become pregnant and choose to become a parent, you will be entitled to 26 weeks paid maternity leave and 26 week unpaid leave regardless of how long you have worked at the company, provided you have given your employer notice (15 weeks before the due date).

Discrimination

As a worker you are covered by equality legislation. Equality law applies regardless of the size of the organisation, the number of employees or the type of work.

Under the Equality Act 2010 the protected characteristics (features which it is illegal to discriminate on the basis of) are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and Civil Partnership
  • Pregnancy and maternity
  • Race
  • Religion and belief
  • Sex
  • Sexual Orientation

More information on the 2010 Equality Act can be found here.

Health and Safety

It is your employer’s responsibility to ensure that your workplace is a safe place to work.

You are entitled to:

  • See your workplace’s written health and safety policy
  • See and have access to a properly conducted risk-assessment of your workplace.

You can find out more information on health and safety responsibilities here.

You have the ultimate right to refuse to work if you do not think your employer is fulfilling their responsibilities to ensure safe working conditions.

Why join a Trade Union?

When a group of employees acts and speaks together, their employer has to listen. Even if your employer doesn't recognize a union, the more people in your workplace who are unionised, the harder it is for the employer to ignore you collectively.

Trade Unions exist to maintain and improve employment conditions on behalf of their members and can exert influence both in and outside the workplace (e.g government policy and regulations).

Everyone has the right to join a trade union and cannot be discriminated against for joining one.

Some benefits of joining a Trade Union include:

  • Access to representation during any disputes or negotiations with your employer on matters such as pay, health and safety, hours of work, and disciplinary proceedings.
  • Training and development opportunities.
  • Providing assistance and services to their members such as CV writing and legal and financial advice
  • Exclusive member discounts on a range of products.
  • Being able to be part of a network of young members and get involved in campaigns and social events
  • Make your workplace more inclusive, fair, and safer for yourself and your colleagues.

Unlike a students’ union where you are automatically a member, you have to pay to join a trade union. Unions offer reduced rates for young workers and students (it can cost as little as £1 a month!) You can find more information about Unions and Young Workers here.

Which Union should I join?

There is a range of trade unions in the UK which represent people who work in different occupations. There are also general unions, which represent workers across some sectors and allow people who are not in work to also become members.

You can find the right trade union for you using the Trade Union’s Congress’ guide

Postgraduate Research Students and UCU

PhD researchers are in a special position in the crossover between students and staff. As a PhD student you share some experiences with other students and some with other staff. You may be particularly vulnerable to some issues that affect other staff, such as workload, casualisation, and equalities.

PhD researchers represent themselves in their capacity as students through the student union (SU), and in their capacity as staff through the University and College Union (UCU).

If you are a PhD student, you are entitled to be a member of the UCU. For almost all PhD students, your membership will be free. There are two membership types, depending on your circumstances:

I am a PhD student who is also contracted to teach or mark at Durham University.

If you are enrolled for a PhD at Durham University and are also contracted to teach here you can join UCU with a free membership. This membership gives full membership rights, including the right to vote and be balloted in elections, and take industrial action. This membership is part of the Futures of the Profession program. Find more about this here.

Be mindful that you are NOT eligible for this programme if you are a staff member who has later enrolled in a PhD. In that case, you will need to apply for full membership.

In both scenarios, UCU cannot represent you in matters arising from your studies. Durham SU can represent you on study-related matters here.

I am a PhD student who doesn’t teach or mark by the University.

According to UCU: "Student membership is open to those training to teach in post-school education, including PGCE students studying towards a qualification to teach in the FE or Adult Education sectors, or postgraduate students planning a career in higher education (but not an employed postgraduate student)."

Be mindful that you should only join as a free Student Member of UCU if you are not teaching or in other qualifying employment while studying.

Student members are not balloted for elections or industrial action. You should also be aware that UCU cannot represent you in relation to issues arising from your studies and for that matter. Durham SU can represent you on study-related matters here.

Find out more about UCU at Durham:

You can contact Durham’s UCU branch here or join their Facebook group

If you’d like to speak with the UCU PG Representative contact them at caleb.m.day@durham.ac.uk or get in touch with Aditya, your Postgraduate Academic Officer, for anything related to your studies at su.pgacademic@durham.ac.uk

National Insurance

To be able to work in the UK you need a National Insurance number (NI number). This applies to students of all nationalities. This is a unique personal reference number for all your tax/ employment affairs.

If you are a UK student you will have received a National Insurance number when you were 16.

How do I get a National Insurance Number?

You will not be charged for a NI number- it is completely free.

To get a NI number, telephone 0800 141 2075 (lines are open 8:00 am to 6:00pm Monday to Friday). This is a free number; you will not be charged for the call, however, waiting times can be long.

You will be asked to answer questions about where you are from and why you are in the UK.

You will then either be:

  • Sent an application from to complete and return, together with photocopies of the personal details and visa pages of your passport (this usually applies to international students with visas)
  • Or asked to attend an ‘evidence of identity’ interview at a designated JobCentrePlus Office (this usually applies to students from the EEA but may apply to some international students)

More information and next steps about your NI number can be found here.

Tax

If you work in the UK and earn over £11,850 in the tax year then you will have to pay tax. You can calculate your overall salary from your hourly rate here.

If you work only during University term times it can affect how much tax you pay.

If you think you have paid too much tax you can claim a refund here.

For more information on tax issues that you may face when you first start work as an employee, click here.

Student Support and Careers Services

Durham University offers support around employability and careers. It includes a job board accessible through your student portal, exploring career options and developing yourself, as well as pre (and post) University support.

You can also book an appointment with them here.

International Students

If you are studying under a Tier 4 visa you are only allowed to work the maximum amount of hours specified on your visa per week during term time (this is normally a maximum of 20 hours per week but in some instances can be less so make sure you check your visa details for your specific requirements) Outside of term time you can work full time.

A week is defined as ‘a period of 7 days beginning with a Monday’- if you work irregular hours make sure to keep track of the amount of hours you work each day so you are not in danger of going over the maximum hours you can work.

You can find more information on current student worker rights here., or post-student worker rights here.

To work in the UK you will need a National Insurance number. You can read more information on how to apply for a National Insurance Number by clicking our National Insurance tab.