Change your name, or stop working.

Change your name, or stop working.

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karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
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

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
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. smile

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
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, clap (including her first name smile )

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
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

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
brman said:
karona said:
Absolutely spot on, clap (including her first name smile )
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.

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
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.

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
marshalla said:
Which name is associated with her NI number and tax records ?
Her married name, "Davis"

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
GCH said:
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.
rofl
Yep, rofl is right, you couldn't make it up, hence asking here for advice.

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
So something like this should do the job?

https://www.citizensadvice.org.uk/relationships/bi...

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
ehonda said:
She should change her name to Toby Carvery, that'll learn 'em.
rofl
At least nobody has blamed Brexit yet.


karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
brman said:
karona said:
So something like this should do the job?

https://www.citizensadvice.org.uk/relationships/bi...
wouldn't she need two of them? One from Smith to Jones then one from Jones to Davis so she can still use her married name? I think a call to Citizens advice might help here?
phone right now

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
I'm still thinking something's been lost in communication.
She's requesting a formal interview with HR, the local rep is a bit of an intellectual lightweight, and will be taking old passports, copies of our divorce and marriage papers etc, Fortunately my OH is a hoarder, there's documents going back decades in boxes here.

karona

Original Poster:

1,918 posts

187 months

Wednesday 29th June 2016
quotequote all
Rude-boy said:
Amend as appropriate.

I Laura Amy Davis of 1 Little Puddle Lane, Bigboyshire PL8 9DZ do make this Statement of Truth as follows:-

1. I was born on the 32nd Dewtember 1991 and at the time of the registration of my birth was given the name Laura Amy Brown.

2. On or about October 1999 my mother met Mr Bigballs Smith and after setting up home with him I adopted his surname of Smith which was the legal name I used in all communications and official papers.

3. My mother has confirmed that no Statutory Declaration or other instrument was used to officially change my name but that my new name of Laura Amy Smith was accepted by all state and government bodies and until the time of my marriage in 2009 I used that name and held both a passport and Drivers Licence in that name.

4. On the 30th February 2009 I married my husband and assumed his surname of Davis. Since that time i have altered all of my official papers and exclusively go by, use and am known by the name Laura Amy Davis.

AND I BELIEVE that the facts stated in this Statement of Truth are true

SIGNED by the above named


DATE
Thank you, that pretty much covers all bases

Bigballs

karona

Original Poster:

1,918 posts

187 months

Friday 1st July 2016
quotequote all
Sorry, nothing to add, except that all those years ago Laura's natural dad put as many obstacles in the way of changing her name as he could think of, and one of the documents in 'The Box' is from a solicitor saying we could call her what we liked, there was no legal way of changing it officially, just start using my name, and no way her natural dad could prevent us doing so.

The memories are all flooding back now. banghead

karona

Original Poster:

1,918 posts

187 months

Wednesday 6th July 2016
quotequote all
Just for closure, the original message from HR was:

"We need Laura to explain why the name on her birth certificate is different to her name when she joined the company. There's no rush, when she's back at work after her management course will do". HR showed her the original e-mail to the local HR rep.

How the F that got changed to "You can't work until you've changed your name" Gawd only knows.

A quick hand-written declaration sorted everything out.

karona

Original Poster:

1,918 posts

187 months

Wednesday 6th July 2016
quotequote all
kowalski655 said:
Did she actually stop work? And if so will her employers make up any lost wages due to the cock up?
No, it was all sorted after a long weekend with time off in lieu for a fortnight course, so she never actually missed any rostered hours, the local HR rep was first at the bar, tho' beer