Change your name, or stop working.

[karona]

My step daughter 'L' has has just been informed that because her mum took my Surname when we married she is not permitted to continue working for Brewer's Fayre until she changes her Surname to mine by deed-poll.

I cannot understand the reasons for this, perhaps she has misunderstood what she has been told, I'm getting this third hand from my wife, can anyone throw some light on this, she's frantic.

She was born B***, and that name is on her Birth Certificate.
Her mum adopted my Surname by marriage when "L" was 8 years old, and has used that Surname for 28 years. That was the name on L's Passport (issued after a bit of a faff with the birth certificate, divorce decree and marriage certificates).

She married two years ago, and now has a Passport in her married name.

Brewers Fayre says she must stop work immediately, because she never formally changed her name from her birth name. She's worked there for six years, and has just passed a management training course.

There surely must be a mistake somewhere? Someone's got the wrong end of the stick here.

Edit to add, this is in Scotland, if it makes any difference

Edited by karona on Wednesday 29th June 15:07

[Ste1987]

Of all companies to kick up a fuss over this, a bloody pub chain? There must be more to it? Did she not tell her employer about her name change after getting married?

[karona]

Ste1987 said:

Of all companies to kick up a fuss over this, a bloody pub chain? There must be more to it? Did she not tell her employer about her name change after getting married?

Her boss was bridesmaid, so they definitely knew.

[andyalan10]

I'm guessing your stepdaughter hasn't told Brewers Fayre of her name change on marriage, nothing to do with her mother's, or your surnameif she has never used it, but that is a guess.

Andy

[FunkyNige]

I'm using made up names, apologies if any happen to be right!
So she was born Laura Smith, her mum became Mrs Jones when Laura was 8 years old and Laura started using the name Laura Jones, including on her passport, but not changing it by deed poll.
She's now married and legally Laura Davis.

The pub want her to change her name to Laura Jones by deed poll?

My guess is some kind of background check has thrown this up as something not quite right and they've asked her to explain it, then Chinese whispers (from her chain of management or after her) has changed that to needing to change her name.

[brman]

yes, I am confused- it is nothing to do with her mum's or your name. A child does not have to take their parents name.

Does she use her married name (that is on her passport?) or the name on her birth certificate or something else at work?

Edit: if she is married and legally Laura Davis then that is the name she should give to work and they should use that?

[matchmaker]

For a start, she can tell Brewers Fayre that she can't change her name by Deed Poll as there is no such thing in Scotland!

[brman]

matchmaker said:

For a start, she can tell Brewers Fayre that she can't change her name by Deed Poll as there is no such thing in Scotland!

still basically the same process though isn't it? ie you need to officially apply to change your name if you want in on any official docs (like a passport).

regardless, I doubt an employer has any right to ask someone to change their official name. What they probably have is the right to use a persons official name on their documents. What isn't clear to me yet is what name Laura uses at work..........

[ashleyman]

I changed my name when I was younger. Never went to deed poll and never was 'legally' changed but I still have passport, driving license all in new name.

Never been an issue apart from on background / security clearances but even then you just put down the names on the part that says known by other names.

No idea why they'd have a problem with what she's called however. If she is married. Then she should be using her married name IF she's changed it.

[karona]

FunkyNige said:

I'm using made up names, apologies if any happen to be right!
So she was born Laura Smith, her mum became Mrs Jones when Laura was 8 years old and Laura started using the name Laura Jones, including on her passport, but not changing it by deed poll.
She's now married and legally Laura Davis.

The pub want her to change her name to Laura Jones by deed poll?

My guess is some kind of background check has thrown this up as something not quite right and they've asked her to explain it, then Chinese whispers (from her chain of management or after her) has changed that to needing to change her name.

Absolutely spot on, (including her first name )

[brman]

karona said:

Absolutely spot on, (including her first name )

so what name does she use at work? I suspect it is Laura Jones when in fact her name has only ever been Laura Smith and Laura Davis?

[karona]

brman said:

yes, I am confused- it is nothing to do with her mum's or your name. A child does not have to take their parents name.

Does she use her married name (that is on her passport?) or the name on her birth certificate or something else at work?

Edit: if she is married and legally Laura Davis then that is the name she should give to work and they should use that?

That is the name she uses at work, and also her passport and driving licence. Most of her work were at the reception, and she made the change immediately after the wedding.

[karona]

brman said:

karona said:

Absolutely spot on, (including her first name )

so what name does she use at work? I suspect it is Laura Jones when in fact her name has only ever been Laura Smith and Laura Davis?

She definitely uses her married name at work.

[brman]

ashleyman said:

I changed my name when I was younger. Never went to deed poll and never was 'legally' changed but I still have passport, driving license all in new name.

Never been an issue apart from on background / security clearances but even then you just put down the names on the part that says known by other names.

No idea why they'd have a problem with what she's called however. If she is married. Then she should be using her married name IF she's changed it.

I didn't think that was possible (the passport bit without a "legal" change). Was this a while ago?

[GCH]

brman said:

still basically the same process though isn't it? ie you need to officially apply to change your name if you want in on any official docs (like a passport).

You don't need to 'officially apply to change your name' for anything, including to get a new passport/licence/bank account in a new name.
You can make a deed poll (or a statutory declaration) - on the back of a napkin if you want to, as long as it is truthful, signed and witnessed.
Example of a deed poll wording which is legally sufficient.
"“I [old name] of [your address] have given up my name [old name] and have adopted for all purposes the name [new name].

Signed as a deed on [date] as [old name] and [new name] in the presence of [witness 1 name] of [witness 1 address], and [witness 2 name] of [witness 2 address].

[your new signature], [your old signature]

[witness 1 signature], [witness 2 signature]”

That is sufficient for changing your name on official documentation, bank accounts etc. Most will ask to see a fancy piece of paper with an official looking seal, but it is not a legal requirement to do so. Just the signed and witnessed declaration is all that is needed.

FunkyNige said:

I'm using made up names, apologies if any happen to be right!
So she was born Laura Smith, her mum became Mrs Jones when Laura was 8 years old and Laura started using the name Laura Jones, including on her passport, but not changing it by deed poll.
She's now married and legally Laura Davis.

The pub want her to change her name to Laura Jones by deed poll?

That was my reading of it too.

If she started using the name Laura Jones aged 8 and had a passport in that name, then that doesn't require a deed poll - the passport office would have to have been satisfied with the documentation provided (in this case, divorce and marriage certificates) in order to issue the passport in the step fathers surname.
Ditto for when she got married and switched her passport to her married name of laura davies - the passport office would have been satisfied with the trail of documentation.
Laura davies is her legal name and identity, and she can provide proof of this in the form of official documentation, ie her passport and driving licence.
Should be the end of the matter.

Edited by GCH on Wednesday 29th June 15:44

[brman]

karona said:

That is the name she uses at work, and also her passport and driving licence. Most of her work were at the reception, and she made the change immediately after the wedding.

Hmm.. then I really don't see the problem. I think either she or the company have got themselves confused. Are you sure the married name is used officially at work, not just that all her work colleagues know she got married? Did she ever use her mums name at work?
I am wondering if either they just never updated their HR records or perhaps they have realised that her marriage cert says Laura Davis nee Smith and that does not match with her being previously known as Jones?

[ashleyman]

brman said:

I didn't think that was possible (the passport bit without a "legal" change). Was this a while ago?

It was done around 96 but could have been as late as 98. I was mid-way through primary school when the name change was made.

As far as I know it was done by a lawyer writing a letter that my mum signed and that made it all legal. Either way I'm now known by the new name and have bank accounts, passports and driving license in it.

Just to add. I think it's basically what was described above as a statutory deceleration.

Edited by ashleyman on Wednesday 29th June 15:44

[karona]

Laura's HR department want a clear paper trail from Smith to Jones to Davis, but according to them the jump from Smith to Jones should have been via deed poll, and now want her to somehow fill that gap by changing her name now to Jones via deed poll.

How would that even be possible? Her names legally Davis, by marriage. She completed the relevant HR paperwork when she married, and 'Davis' is on her monthly pay statement.

I've suggested she see an employment solicitor, as far as I can see she's acted legally and above board all the way through, and stopping her from working because of something we did or didn't do when she was a child cannot possible be legal.

[marshalla]

Which name is associated with her NI number and tax records ?

[GCH]

karona said:

Laura's HR department want a clear paper trail from Smith to Jones to Davis, but according to them the jump from Smith to Jones should have been via deed poll, and now want her to somehow fill that gap by changing her name now to Jones via deed poll.