Implications - National Minimum Wage (NMW) legislation

If an individual is classed as a worker/employee (in accordance with HMRC), then National Minimum Wage rules apply and also the relevant tax and National Insurance contributions must be paid. Failure to pay the minimum wage to someone who is entitled to it is against the law and is likely to result in significant fines and reputational damage for the University. Employers can not avoid paying the National Minimum Wage by:

• saying or stating that it doesn't apply
• making a written agreement saying someone isn't a worker or that they're a volunteer

The only exceptions to the National Minimum Wage rule (apart from volunteers and voluntary workers as noted in section 2) include:

Student internships

These are students who are required to do an internship (for less than one year) as part of an accredited UK-based further or higher education course. These students should be engaged through the York Internships within Careers.

Work shadowing

These are individuals who shadow an employee only (eg the individual is only observing the employee and no work is carried out). Students who undertake work shadowing as part of their University of York course should be engaged through the York Internships within Careers. Individuals who are shadowing a University of York employee should be engaged through HR.

School work experience placements

These placements involve school students (of compulsory school age, ie. under 16) undertaking work experience at the University of York. Individuals who are participating in school work experience placements should be agreed by the department and where necessary additional health and safety precautions taken into consideration. For further advice please speak with your HR advisor or Health and Safety Officer prior to engagement.