2 contracts same employer - student laons

stephandabbey

HI Guys, 

I work for the NHS. I have a contract for a full time salaried job but have also signed a 0 hr contract for additional hrs. This means I have 2 employment contracts for the same organisation meaning the company do not need to pay OT for additional hrs worked ( I was aware of this when signing and doing the hrs). However, it would appear that for the purpose of repayment of student loans, the payments are aggregated like NIC. However, the .gov website student loans say second jobs should not be counted and repayments should only be made on each of the jobs that I meet the threshold repayments for. But it seems that my income is combined for repayments as it is the same employer rather than each substantive contract i only complete bank shifts in my own team to fulfil staff shortages. I’m currently speaking with my employer and union but I don’t understand how HMRC can use my combined income as a whole and calculate it as one job, but then my employer doesn’t have honour my contract and pay OT as they are saying separate conditions meaning it is a second job with 2 payslips and different pay dates etc. If I worked for a separate employer, it would not be calculated on that job. It seems I effective paid £1000 extra in student loan last year.......

Dazed_and_C0nfused

https://www.gov.uk/guidance/special-rules-for-student-loans#employee-has-more-than-one-job


https://www.gov.uk/guidance/what-to-do-if-your-employee-has-more-than-1-job

stephandabbey

Dazed_and_C0nfused said:

Yes I have seen that. However, the T&Cs of student loans say second jobs should not be combined for the purpose of repayments. So effectively, using the rules above, I don't have a second job? But my employer argues I do for the purposes of not paying OT. I'm wondering on the legal definition of second job etc and if I have a case to fight them on this. Surely there should be a simple definition of what is accepted as a second job?

molerat

Overtime pay is a contractual arrangement, taxation is a matter of law.  Just because your employer considers it two separate jobs does not mean the tax man has to and vice versa.  If you think you should be paid overtime rates take that up with your employer and union.