Students can be excellent hires for part-time, seasonal and holiday work, and in most cases, yes, you must pay them at least the National Minimum Wage. Being a student does not remove minimum wage rights. There are a few genuine exceptions, but they are narrower than many employers think. Here is how it works in England and Wales.
The general rule: students are "workers" too
The right to the National Minimum Wage (and the higher National Living Wage for those aged 21 and over) applies to workers, regardless of whether they are students. If a student does real work for you under a contract (turning up, doing tasks, under your control) they are almost certainly a worker and must be paid at least the minimum rate for their age.
The minimum wage cannot be "agreed away". A student who says they will work for free, or for less, is still legally entitled to the minimum wage, and you remain liable.
The genuine exceptions
A few situations fall outside the minimum wage:
- Students on a work placement that is part of a UK higher or further education course, where the placement does not exceed one year.
- Genuine volunteers and voluntary workers for charities and similar bodies, who get no reward beyond limited expenses.
- School-age children (below compulsory school leaving age), who are not entitled to the minimum wage (though local by-laws and child employment rules apply).
- Student internships are not automatically exempt, if an intern is doing real work as a worker, they are entitled to the minimum wage. Calling someone an "intern" or "work experience" does not change their legal status.
Apprentices and age rates
There are different minimum wage rates by age band, plus a specific apprentice rate for eligible apprentices. Make sure you apply the correct rate for each worker's age and status, and update pay when they move into a new age band.
What employers should do
- Treat student staff as workers and pay at least the correct minimum wage rate for their age.
- Don't rely on "intern" or "work experience" labels to avoid paying, look at what the person actually does.
- Keep records of hours and pay (and right-to-work checks).
- Be aware of working time limits and, for younger workers, additional restrictions.
Key takeaways
- Most students who do real work are workers and must be paid at least the National Minimum/Living Wage.
- Narrow exceptions include certain course placements of up to a year, genuine volunteers, and school-age children.
- Internships are not automatically unpaid, real work means minimum wage.
- Apply the correct age-band or apprentice rate, and keep records.
Sources
- National Minimum Wage Act 1998 and the National Minimum Wage Regulations
- Exemptions for higher/further education placements (up to one year) and voluntary workers
- HMRC enforcement of the minimum wage
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.