It is now commonplace and, in many cases, essential for students to work to financially support their studies. We advise students undertaking part-time work whilst studying to make sure they are still maintaining enough time to complete their studies. In all cases, your education should come first. If you are experiencing financial difficulties please get in touch with Money Doctors at moneydoctors@ucreative.ac.uk or visit
UCA’s Money Doctors pages
There are rules and restrictions on International Students working in the UK. For more information see International Students page. You can also visit UCA’s International Student Support pages.
If you are being paid below the NMW you can contact the Pay and Work Rights Helpline for confidential help.
There are different levels of NMW, depending on your age. The current rates are:
• £5.80 - the main rate for workers aged 22 and over
• £4.83 - the 18-21 rate
• £3.57 - the 16-17 rate for workers above school leaving age but under 18
From 1 October 2010 new rates and age bands will apply.
• £5.93 - the rate for workers aged 21 and over
• £4.92 - the 18-20 rate
• £3.64 - the 16-17 rate
• new minimum wage of £2.50 per hour for apprentices who are either under 19 or in the first year of their apprenticeship
For more information go to http://www.direct.gov.uk/employment
Your employer must give you at least the rest breaks required by the Working Time Regulations. They must also ensure that your health and safety is not put at risk. This means that your employer might have to give you more than the amount set out in the regulations, if this reduces a health and safety risk.
As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.
A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to ‘smoking breaks’.
For more information go to http://www.direct.gov.uk/employment
There are various reasons why your employer might dismiss you. If your employer is dismissing you from work or ending your contract of employment then you have certain rights to make sure the dismissal is fair.
Dismissal could happen in several ways, including if your:
• employer tells you they are ending your employment, with or without notice
• employer constructively dismisses you by breaching your employment contract so badly that you are forced to leave
• fixed-term contract is not renewed
If your employer has dismissed you, they must show they have:
• a valid reason that they can justify (eg if you have not been able to do your job)
• acted reasonably in the circumstances (eg if there was no training or support to help)
If your employer dismisses you they must have a fair reason for their action, eg because of your conduct at work.
Your conduct
If your employer has dismissed you because of your conduct, it usually means you have broken one or more of the terms of your employment. For example:
* continually missing work
* poor discipline
* drug or alcohol abuse
* theft or dishonesty
Your employer should follow a fair disciplinary procedure before dismissing you for misconduct.
Your capability or ability to do your job
If your employer has dismissed you for your capability it may mean that you aren’t performing to the required standard or that you can’t do your job properly, including because you don’t have the right qualifications. For example:
* you haven’t been able to keep up with technological changes to your job (eg introduction of
computerised systems)
* you can’t get along with your colleagues
* long-term or persistent illness makes it impossible for you to do your job
Your employer should make sure you are given adequate training to do your job. If you’re performing poorly, you should usually be warned that your work isn’t satisfactory and given a chance to improve before any action is taken.
Illness
If you are persistently off sick (or on long-term sick), your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick. Your employer would normally be expected to allow a reasonable amount of time for you to recover from your illness. The actual amount will depend on things like:
* how long it will take you to recover
* how certain it is that you will recover (with some illnesses, like broken bones, it is clear how long it will
take but with something like stress it can be uncertain)
* how easy it is to get cover for your job
* whether your job can be kept open
If you have a disability (which may include long-term illness), your employer has a legal duty to try to find a way round the problem. They must make ‘reasonable adjustments’ to how and/or where you work. Dismissal because of a disability may be unlawful discrimination.
Redundancy
Redundancy is a type of dismissal. Redundancies take place when there is no longer enough (or any) work for an employee at a company. If you are being made redundant then your employer has several responsibilities towards you to make sure you are dismissed fairly.
A statutory restriction
Your employer can dismiss you if continuing to employ you would break the law - for example, if you are a driver and you lose your driving licence. Your employer would be expected to try to find other suitable work for you before choosing to dismiss you.
Another substantial reason
The emphasis here is on ‘substantial’. ‘Another substantial reason’ applies to a situation where your employer has an overwhelming reason why you must be dismissed. They would be expected to look at any alternatives before choosing to dismiss you. Reasons that have previously fallen into this category include:
* imprisonment
* an unresolvable personality clash between you and a co-worker
* if the business moves to another location, or if it’s taken over, and it isn’t possible to employ you because
of economic, technical or organisational reasons
* unreasonably refusing to accept a company reorganisation that changes your employment terms
For more information go to http://www.direct.gov.uk/employment
If you feel your employer ended your employment unfairly, either because of the reason why you were dismissed, or the process they used, then you may have been unfairly dismissed and might be able to complain to an Employment Tribunal.
What is unfair dismissal?
There are several ways your dismissal could be unfair:
* your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your
job performance)
* your employer did not follow the correct process when dismissing you (eg if the have not followed their
company dismissal processes)
* you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)
Automatic unfair dismissal
There are some reasons for dismissal that are automatically unfair, eg because of your gender or age. If you are dismissed for any of these reasons then you should be able to make a claim to and Employment Tribunal for unfair dismissal.
Dismissal for exercising your statutory employment rights
If your employer dismisses you for exercising or trying to exercise one of your statutory (legal) employment rights you will have been automatically unfairly dismissed.
An employees statutory employment rights include a right to:
* a written statement of employment particulars
* an itemised pay statement
* a minimum notice period
* maternity, paternity or adoption leave
* time off for antenatal care
* parental leave
* time off for dependants
* the right to request flexible working arrangements
* not to be discriminated against because of your gender, race, disability, religion or belief, sexual
orientation or age
* guaranteed pay when work is not available for you
* time off for public duties (eg jury service)
* protection against unlawful deductions from wages
* remuneration during suspension on medical grounds
* refusing to do shop or betting work on a Sunday
* making a public interest disclosure or ‘blowing the whistle’
Unfair selection for redundancy
Redundancy is a form of dismissal. If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed.
Dismissal on the grounds of pregnancy or maternity rights
If you are pregnant, you cannot be fairly dismissed because:
* of any reason connected with your pregnancy
* you have given birth and you are dismissed during your ordinary or additional maternity leave
* you have taken, or want to take, ordinary or additional maternity leave
* of a health and safety issue that could mean you would be, or have been, suspended from work
* of keeping in touch (or not keeping in touch) with your employer during your maternity leave
It would also be unfair dismissal if your employer dismisses you because you returned back to work late from maternity leave because your employer:
* didn’t properly tell you when your leave ended
* gave you less that 28 days’ notice of you maternity leave’s end date and it was not practical for you to
return to work
Dismissal in connection with disciplinary or grievance hearings
You have the right to be accompanied by a trade union representative or colleague to a disciplinary or grievance meeting. You can also reasonably postpone the hearing if your companion cannot make it. If you are dismissed for trying to exercise these rights, or for accompanying a colleague, then it is automatically unfair. This applies to both employees and to other workers (eg agency workers).
Dismissal relating to your working time
You normally have the right to paid leave, rest breaks, as well as limiting the average hours per week your employer can ask you to work. You cannot be fairly dismissed for refusing to:
* break your working time rights – even if your employer tells you to work
* give up one of your working time rights
* sign a workforce agreement that impacts your working time rights
Dismissal relating to part-time or fixed-term work
As a part-time or fixed-term worker you should not to be treated less favourably than a full-time or permanent employee (eg you should be offered the same or equivilent employment rights and benefits). You cannot be dismissed fairly because:
* you are part time
* you made a complaint about being treated less favourably than another employee
* you gave evidence or were involved in a complaint raised by another employee
* your employer believed you intended to do any of these things
Dismissal relating to the National Minimum Wage
You cannot be fairly dismissed for:
* qualifying, or about to qualify, to be paid the NMW
* insisting on your right to be paid at least the NMW
* reporting your employer for not paying the NMW
Dismissal for taking action on health and safety grounds
You will have been unfairly dismissed if you are dismissed for:
* carrying out or trying to carry out any activities in your role as health and safety representative (rep) to
reduce risks to health and safety
* performing or trying to perform your duties an official or employer-acknowledged health and safety rep or
committee member
* bringing to your employer’s attention a concern about health or safety in the workplace
* leaving, proposing to leave or refusing to return to the workplace (or any dangerous part of it) if there is a
serious, imminent danger that you cannot prevent
* taking or trying to take the appropriate steps to protect yourself or other people from a serious and
imminent danger
Dismissal relating to activities as an employee representative
You cannot be fairly dismissed for being an employee representative (or thinking about becoming an employee representative) for consultations with your employer about:
* redundancies
* business transfers
You cannot be fairly dismissed for being or carrying out your duties as a:
* European Works Council representative
* member of a special negotiating body
* information and consultation representative
Dismissal relating to tax credits
You will have been unfairly dismissed if you are dismissed because:
* you are entitled, or will or may be entitled, to Working Tax Credits
* you tried to enforce your right to receive Working Tax Credits
* your employer was prosecuted or fined as a result of you trying to enforce your right
For more information go to http://www.direct.gov.uk/employment
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