Name change after divorce

[GiveItYourBestShot]

My employer is refusing to amend my name on payroll to my maiden name. They have been shown birth certificate, marriage cert and divorce papers. I have been told that they want a deed poll, which even the passport service don't require to revert to a maiden name. I've asked HR to intervene but nothing is happening. This means that HMRC are not being sent right information under the new PAYE system. I'd really appreciate any advice as to my next move!

[2Retts]

I would suggest writing a letter to the HR department with Payroll department copied in, explaining that deed poll is not a legal requirement (particularly since you are able to produce a valid, current passport showing that you are now officially known by your maiden name). I would carefully explain that if they did not amend their records they would be running the risk of incorrectly reporting to HMRC as you intend to change your name with them directly.

I would then go straight over their heads and change my name on the HMRC website (www.hmrc.gov.uk/individuals/change-of-circs.htm) resulting in all notices coming to the company from HMRC in your new name.

Actually, if I'm being really honest, I'd probably not waste any further effort on HR or Payroll and head straight to HMRC. They're usually confirming changes within about a week.

Good luck GiveItYourBestShot and hope you manage to get it sorted soon.

[GiveItYourBestShot]

Thanks - I changed it with HMRC last year (they took my word for it!). The problem apparently is that now PAYE is done in real terms employer info and HMRC info must match - they sent round a letter warning of dire consequences if it didn't. Except of course they assumed that all the changes would need to be at the HMRC end not theirs. Is there any legal requirement for payroll to be accurate that I could quote? I've done the letter (well, email) to HR cc'd to the payroll amendment team, but they seem to be ignoring it. I also wondered about asking HMRC to intervene with them but I don't have a spare hour to wait on the phone to speak to a human..

[2Retts]

The RTI (real time information) requirements kicked in this year and we were part of the pilot scheme. I think you need to send the HR and Payroll department an email outlining that the onus is upon them to line up their info. There is currently no precedent but I firmly believe that to be the case, particularly if you have documentary evidence that they are the only party to fail to recognise your change of name.

I am gonna look for precedent tomorrow and will get back to you if my advice alters as a direct result...

[GiveItYourBestShot]

They have finally done it! Thanks for your advice, 2retts :)

[2Retts]

Ah brilliant news! I'm glad you got it sorted.