Advice on working as a student

This page provides some advice for working students and links to further information. To find out how the law affects you when you work in the UK.

A guide to students right at work

National Minimum Wage

This is a legal right which covers almost all workers in the UK, including workers from outside the UK.

• The main adult rate applies for workers aged 22 and over;
  £5.80 per hour as from 1 Oct 2009.

• The development rate applies to workers aged 18 to 21;
  £4.83 per hour as from 1 October 2009.
  For more information and 2010 rate you can check the confidential National Minimum Wage helpline number is 0845 6000 678. The number for Northern Ireland is 0845 6500 207. As well as receiving and investigating complaints about non-payment of the minimum wage, the helpline offers advice and information in more than 100 languages. For more information on the National Minimum Wage, follow the link below.
  The National Minimum Wage (employment section)

Part-time Workers Regulations

These regulations are there to ensure that part-time employees are entitled to the same rate of pay, the same leave entitlements and the same access to training as their colleagues in full-time employment. For further information visit the Department for Business, Innovation and Skills website.

Working Hours

As a guideline, it is advisable for students not to work in excess of 15 hours per week during term-time so as not to interfere with their studies. Everyone is entitled to one whole day off per week. Some students may have have additional restrictions.

Rest Breaks

If a worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes. The break should be taken during the six-hour period and not at the beginning or end of it. The exact time the breaks are taken is up to the employer to decide. Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.

Leave/holidays/breaks: annual leave, maternity and parental leave; career breaks

Part-time workers, like their full-time colleagues, are entitled to a minimum of statutory annual leave, maternity leave, and parental leave. Many of these entitlements are extended or enhanced by contractual conditions. Part-time workers should have the same leave entitlements pro rata as their full-time colleagues.

The entitlement to paid annual leave, including the right to compensation payments for untaken leave when you leave your job, begins on the first day of employment. The minimum statutory holiday entitlement is 5.6 weeks annually from 1 April 2009 (28 days for a worker working a five-day week). However, the entitlement is capped at 28 days. Part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week). You start building up holidays as soon as you start work. If a worker works more than five days a week, they are not entitled to more than 28 days' leave unless you have allowed this in their contract of employment.

Health & Safety

You have a duty to work safely by co-operating with your employer and following safety guidelines. You have a right to refuse to do something dangerous if you feel you are in ‘imminent and serious danger’. Your employer should provide you with adequate H&S training and provide an accident book to record all work-related injuries.

For more information, go to http://www.direct.gov.uk/en/Employment/index.htm or http://www.nases.org.uk

UKCISA

The UK Council for International Student Affairs (UKCISA) is the UK’s national advisory body serving the interests of international students and those who work with them. For more information please visit http://www.ukcosa.org.uk/

A guide to Income Tax & National Insurance

What is National Insurance (NI)?

National Insurance (NI) is the British social security tax. Every person working in the UK must pay NI.

National Insurance is the government scheme to provide security for people in work when they are sick, unemployed or retired.

Your NI number is used as a reference in your dealings with certain government departments throughout your working life in the UK.

Your employer uses your NI number for deductions of tax and NI contributions.

Your NI number is not proof of your identity.

It looks something like this: AB 12 34 55 C

When Do I Need to Apply for a NI Number?

UK citizens who have always lived in the UK should automatically be given a NI number on their 16th birthday. If you do not have a number or have lost the details then contact your local Job Centre. Alternatively, old payslips, a P45 or a P60 will show your NI number.

International students who do not have a NI number must apply for a NI number once they are actively looking for work. They may also apply if they can prove they have been actively seeking work. Applications may take a few weeks to be processed.

How do I apply for a NI Number as an international student?

Contact the National Insurance Enquiry Centre by telephone (details below). It may take a while to get through, as it is a very busy line, so keep trying. State you are an international student and explain how long you will be in the UK. The National Insurance Centre will make an appointment for you to attend an interview at a Job Centre office. There is usually a waiting list for interviews but your employer can allow you to start work while you wait for your appointment (see below). The interview may last 1-1½ hours and you need to take documents confirming your identity with you as well as any other documents thay may ask for. Recommended documents to take (if you have them) include: passport, ID card, driving licence, confirmation of your address, police registration document, matriculation card, proof of offer of work, or documentary evidence that you are actively seeking work, such as rejection letters, copies of application forms etc.

National Insurance Enquiry Centre

0845 6000 643 (local call rates)

When you first apply for a job your employer may ask for your NI number. While you wait for your NI application to be processed you may start your employment and the employer can process your wage payments using a code of their choice, compatible with their payroll system. If you have any problems with employers refusing to employ you without an NI number please refer them to the Jobshop.

More information on NI is available at www.inlandrevenue.gov.uk/nic/ynino.htm

or ask for initial advice at QMU Jobshop Employment Support.

Frequently Asked Questions about National Insurance

Q. When do I start paying NI?

A . Once you start work you can earn up to £110 p/week before you start paying NI contributions. NI is charged at 11%. For more information go to http://www.hmrc.gov.uk/rates/nic.htm

Q. I have applied for a NI Number, but have been told it will take 3 -12 weeks before it is issued. A.The Department for Work and Pensions suggests your employer(s) uses a code compatible with their payroll system to process your pay.

Income Tax

 Students are NOT exempt from paying tax.

Every person working in the UK is taxed, but you are only taxed once your earnings reach a certain level. The PAYE thresholds (the level of earnings at which tax becomes payable) are:

£125.00 weekly
£540.00 monthly

The tax rates are:

basic rate - 20 per cent up to £37,400
higher rate - 40 per cent over £37,400

In the tax year 2009/10 almost every person working in the UK can earn up to £6,475 without being taxed. This is called your personal allowance. In order to ensure you are not taxed on this first £6,475 of your earnings you must make a declaration to the Inland Revenue (Tax Office). You must complete one of the tax forms mentioned below for every paid job you do.

• Form P46 – for any part-time or temporary work during the semester or in vacations.
• Form P38s – If you only work in the vacation(s).If you work during the semester in any tax year, you are no longer eligible to complete a P38 and should complete a P46.

These forms should be available from your employer. If they do not have them they should telephone the Tax Enquiry Centre ( see below)

The tax year runs from April 6th to April 5th of the following year. This is the period for which the Inland Revenue assesses whether your earnings have exceeded £6470.

Tax Rates available from tax Enquiry Centre (see below)

Paid Too Much Tax?

If you have paid tax but your total earnings were below your personal allowance you can claim this back. You may have been charged ‘emergency’ tax even if you complete a P46 or P38 tax form. If you believe you have paid too much tax you should contact the Inland Revenue (Tax Office) for advice about claiming the tax back. The tax may be repaid to you via the Tax Office or through your employer. You may not get the tax back immediately.

Tax Enquiry Centre: 0845 302 1484 (local call rates)

This is a national centre that can provide you with your local tax district telephone number by using the first three numbers from your PAYE reference code (found on your payslips)

 Alternatively if you just want some further or general information see:

http://www.hmrc.gov.uk/index.htm (click link for 'Individuals and employees')

Or check tax calculator on: http://www.listentotaxman.com/

Updated August 2009

Other useful links on employment related topics like equality, disability, data protection, work/life balance, dispute resolution and more:
www.nases.org.uk
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