Guidance on the employment of research students by the University
The University has agreed a Code of Good Practice on the Employment of Postgraduate Research Students which covers the recruitment, employment and training of Research Students in roles which support teaching and learning. This document summarises the key points which Colleges should take into account when employing Research Students in these roles.
Payment arrangements
To comply with tax and employment regulations, it is essential that payment for work (remuneration) is separated from scholarship/bursary payments for maintenance and other learning expenses.
Remuneration must be paid through the Payroll; any bursary/scholarship will continue to be paid through Student Finance (using established procedures).
Where Colleges choose to bundle a bursary/scholarship and remuneration together for marketing purposes, it is essential that documentation issued to the student explains that part of the award represents remuneration for work undertaken as a condition of their award (which will be paid via the Payroll) and that part is a bursary/scholarship (which will be paid via Student Finance). The two elements should be separately identified in College accounts.
Remuneration should be coded to subjective code J4A-063.
The University has been advised by its solicitors that employment arrangements where the student receives a waiver of fees in consideration for working for the College (ie they receive no direct remuneration from the University) are not permissible.
The student should be paid at a recognised University rate/grade.
Employment arrangements
Payment by Claim
If the student will be working for less than 50 hours per annum, or the work is ad hoc and genuinely unpredictable, then it will generally be more appropriate to pay the student on a claims (casual) basis. See the Claims policy for further details about the administrative procedure that applies.
The student should complete the form PD81 (Fees/Casuals Starter Form for New Claimant), which includes the Conditions which apply to claims employment. The student should be issued with a written statement which explains the payment they will receive and how their holiday pay is calculated. Use the Template contract for students paid by Claims under this arrangement.
For students engaged on a claims basis, the Claim Rates for Teaching (published annually on the Human Resources website) will apply. (See section 6 of the Code of Good Practice on the Employment of Postgraduate Research Students.)
Payment by Instalments
Alternatively, if the student will be working for up to 180 hours per annum (which is the limit for full-time students specified in section 5.1 of the Code of Good Practice on the Employment of Postgraduate Research Students) then the employing College may instruct Human Resources to pay the student in monthly instalments (in arrears) through the Main Payroll.
For students paid in monthly instalments through the Main Payroll, the remuneration should be based on the Claim Rates for Teaching published by Human Resources (as advised in section 6.1 of the Code of Good Practice on the Employment of Postgraduate Research Students) – ie the remuneration will be the total of hourly rate x number of hours of work.
The student should be issued with a written statement which explains the payment they will receive, how their holiday pay is calculated and the other terms and conditions which apply to their employment. Use the Template contract for students paid monthly under this arrangement.
Colleges should send the attached form PD85, approved by the College Dean or designate, to the Payroll Office, in Human Resources, no later than the 10th of the month in which the first payment is required. A signed copy of form PD81 should be attached to provide essential details for the payroll-HR system.
Employment via a standard University contract
This will be the employment arrangement which will apply where the employee is employed for more than 180 hours in a year. (Since the Code of Good Practice on the Employment of Postgraduate Research Students places a limit of 180 hours per annum on the employment of full-time students, this will only apply to part-time students.) The appointment must be approved via the SR1 procedure. Employment via a contract – which will generally be for a fixed term – will ensure that the student worker receives their remuneration in monthly instalments (in arrears).
For students employed via a standard contract, the appropriate University grade and terms and conditions of employment will apply.
Other employment issues
The Working Time Regulations give workers the right to paid leave. The pay rates applicable to individuals employed on a claims basis include pro-rata payment, in advance, of holidays (to be taken on unidentified days during vacations). The limitations on student employment (see section 5 of Code of Good Practice on the Employment of Postgraduate Research Students) will ensure that there are breaks in working which allow the student to take their accrued holiday.
Working Hours: The University has agreed limits on the hours which its students should work for the University in order to protect their learning and education. (See section 5 of Code of Good Practice on the Employment of Postgraduate Research Students and the Good Practice Guidelines for Undergraduate Students undertaking paid employment during term-time.) Additionally, the government has set a limit of 20 hours of employment per week for students during term-time from outside the European Economic Area: this applies to all work undertaken by the student, not just their employment with the University. For further information on employment of non-UK/EEA students please see the Right to work guidance.
Health and Safety: the employing College/Service must comply with all of the University’s normal health and safety standards and ensure that the student worker is made aware of all relevant health and safety issues. This is most effectively provided by giving the student worker an appropriate induction to their role, duties, expectations and applicable ‘rules and regulations’.
The checks required under the Asylum & Immigration Act must be completed before the student starts work. For further information on employment of non-UK/EEA students please see the Right to work guidance.
Grievance, Performance, Conduct and termination procedures
Where the student raises a complaint/grievance or the College has a concern about the student’s conduct or performance, the College Dean must determine whether the student or employment procedures apply. In most cases it will be clear which procedure applies but it is possible that an issue could be pursued either through the Student Complaints Procedure or the Student Employment Grievance Procedures/staff Grievance Procedure. In such circumstances, following consultation their HR Business Partner and the Academic Secretary (or designate), the College Dean will determine which procedure will apply and notify this to the student.
In most cases, the Student Disciplinary Procedures will not apply to issues connected with a student’s employment by the University and it will be clear which procedure is the most appropriate. However, it is possible that the alleged misconduct may be relevant to both the student’s status as a student and as an employee. In such circumstances, Colleges should consult their HR Business Partner for advice.
Where the student is employed on a standard University contract, the University’s standard discipline, grievance and termination procedures will apply.
For students paid in monthly instalments through the Main Payroll, Grievance, Performance and Conduct procedures for student employment - which meet the requirements of the Employment Act 2002 (Dispute Resolution) Regulations 2004 – will apply.
Colleges should consult their HR Business Partner for advice on discipline or grievance issues relating to students paid on a claims basis.
Further information
Template contract for students paid by Claims
Template contract for students paid monthly
Grievance, Performance and Conduct procedures for student employment - for students employed through the Monthly payroll
