Married name problems at work

[RandomMess]

My new employer are stating that to use my married name (double barrelled) that I need a deed poll...

I do not have a passport, do have a UK photo card driving licence, P45, Inland Revenue Statement.

Any ideas where to point them to prove they are being quite frankly stupid or are they right?

[NapQueen]

Surely they can just have a copy of your wedding certificate to show the two surnames (one after your name and one after your husband/wifes name)?

No paperwork needs completing when you marry to state what your new name is so why would it if you double barrel them?

[pawpatrolearworm]

It says here that to change to your married name you just need your marriage cert, but to double barrell you need a deed poll as its an entirely new name.
www.hitched.co.uk/wedding-planning/organising-and-planning/changing-your-name_565.htm


Seems to be backed up here:
www.deedpoll.org.uk/AWomansRightsUponMarriage.html

[leghairdontcare]

Why do they need proof of your change of name anyway? I was never asked when I got married, they just changed my email etc without question.

If they need proof then I don't see how a driving licence with your new name wouldn't be acceptable.

(disclaimers apply if you work for MI6 or somewhere equally security conscious)

[prh47bridge]

They are being stupid. However, you can get a free document here which will probably satisfy them.

[RandomMess]

@prh47bridge yes they are being utterly stupid! Hence I want to evidence that they need to recognise my legal surname... this is all because I don't have a passport in my married name!

[RandomMess]

I worked for the government when I married and they accepted my double barrelled name without a deed poll, driving licence changed, bank accounts changed, Government Gateway account...

[SilverHairedCat]

Complete bollocks. I also work for the government and whilst it was a bureaucratic nightmare, no evidence was required.

Marriage certificates are, IMO, a waste of time as evidence of name change, as it doesn't list anyone under a new name, only their original name!

[pawpatrolearworm]

Marriage certificates are, IMO, a waste of time as evidence of name change, as it doesn't list anyone under a new name, only their original name!

No the aren't. They show your current name, and your new spouses name, and the fact that you are now married which gives you the legal right to use the latter rather than the former. Couldn't be much more useful for proof of name change on marriage!

[RandomMess]

I've just told them so long as it doesn't cause issue with my P45 being in my double barrelled name I don't care!!! They keep going on that they could be fined £000000 if they use it.

I think they are confused with evidencing my legal right to work in the UK with my name tbh

[MirandaWest]

My work was fine with just seeing a copy of my marriage certificate. And two banks have been fine with changing it with seeing that.

[leghairdontcare]

Is the issue that you don't have a passport at all or that you have one in the 'incorrect' name?

If this is for a new employer are they trying to obtain documents to confirm your right to work in the UK? If so they should be able to accept alternative documents - possibly your birth certifcate, marriage certificate and hmrc correspondence.

[RandomMess]

Exactly @MirandaWest I have been married for years already hence everything is in my double barrelled name all changed with marriage certificate alone

[MaryThorne]

@RandomMess I think that's the confusion. There is no requirement in England for formalities on change of surname. This FCO document helpfully addresses that very point at the start https://www.gov.uk/government/uploads/system/uploads/attachmentdata/file/194111/informativee_note.pdf

[MaryThorne]

"1. Under English law, a person may change their surname at will. The law concerns itself only with the question whether the individual has in fact assumed and has come to be known by a surname different from that by which they were originally known. So long as that is the case the change of surname will be valid. The process is not subject to any documentary formalities although there is a facility for doing so through the UK courts by way of a Deed Poll or Statutory Declaration."

...being the relevant section

[RandomMess]

They will accept my old passport and marriage certificate but not that my "known as" name is the double barrelled one so I have to be either

Random 1st married name or Random 2nd married name

Rather than Random my surname for the last 11 years on ALL their systems despite them having spelt my first name wrong on everything anyway. I currently have 3 names at work none of them the name I am know as

[prh47bridge]

The link posted by MaryThorne doesn't seem to work. Try this one...

www.gov.uk/government/uploads/system/uploads/attachment_data/file/594307/Name_change_-_English_April_2016.pdf

[leghairdontcare]

This sounds too complicated, just tell them to call you whatever they want - they'll be using your NI number so they can't fuck up your tax.

[RandomMess]

Well that is the kind of route I'm taking BUT I am concerned that by default they will f*ck up my name with HMRC etc and therefore NI contributions and I'll end up with it in a name that isn't mine IYSWIM May get a deed poll to change my name to non double barrelled cos it's going to be easier...

[prh47bridge]

I would ask your employer why they won't accept your legal name when everyone else does. You do not need a deed poll for it to be your legal name. Your employer will not be fined a single penny for using your correct legal name.

You could also point out to them that, under the Data Protection Act (and GDPR which comes into force in just over 2 months) they are required to correct any inaccurate information. As they persist in holding inaccurate information you have the right to apply to court for an order to rectify, block, erase or destroy the inaccurate information. Should you do so they will have to pay your legal costs and may be required to pay compensation.

GDPR comes into force on 25th May. That gives you the right to have personal data rectified. Your employer could face heavy fines for failing to comply.

It is not up to them to decide what is your legal name. That is your decision. They are being very stupid. Far from avoiding any fines, their actions are significantly increasing the chance of fines.

[RandomMess]

Love it @prh47bridge I think they will insist I need a deed poll tbh... it does say on one part of the gov uk that you gave the right to use your husbands name - so not actually the right to be double barrelled...

I can't remember whether you are a lawyer or solicitor if you let me know I may give them until the end of the week and quote you if that's ok???

They are a large employer 3k plus...

[leghairdontcare]

In Mary's link it does say:

Upon marriage, while it is traditional for the woman to take the man‟s surname, it is
also perfectly acceptable for the woman to keep her maiden name or the couple to
create their own „double-barrelled‟ or hyphenated surname by using both of their
original surnames. The British Marriage
Certificate states the surnames of the parties prior to their marriage and is supporting
evidence of a request by either party to change their surname. No additional
documentation is required under UK law.

[RandomMess]

If you read on the gov.uk website about change name by deed poll it clearly states "you do not need a deed poll to take your spouse's is completely surname"

This implies you do need it to double barrell!

[Figment1234]

From my own research (both as a solicitor for clients and for myself), I think this is the situation:

No-one needs a deed poll to change their name, you can simply just choose to use the new name. However, you will have difficulties with a lot of institutions (banks etc) if you don't have a formal document such as a deed poll.

If you are taking your spouse's name, a marriage certificate on its own is usually sufficient and nothing further is required. But if you are double-barrelling your name then that's not quite the same situation, and therefore an institution would normally expect you to have a deed poll.

You can download sample deed polls online, they are easy to complete and sign.

Is the issue because they can't meet their right to work checks? If you don't have a passport then you would need to provide a birth certificate from the UK together with an official document showing your name.. and therefore there is potentially an issue there because the names won't match.

[prh47bridge]

Ignore the bit about marriage. That is irrelevant. The important bit is paragraph 1 which says you can change your name at will and there are no formal documents required. You can double barrel or anything else you want.

Feel free to quote me.

[RandomMess]

They have accepted my out of date passport as proof to work in the UK.

They then insisted I had to be called by that name so I brought in my marriage certificate and are now insisting that I am called Random Husbands surname.

The banks, pension, insurance, DVLA all accepted my double barrelled version 11 years ago but they won't accept that it is now my legal name despite not having a deed poll. I enquire day the bank a few years ago and they said if I want to be known by DH surname I would need to get a deed poll

I think I will try again at the end of the week that after 11 years any court would rule that my double barrelled name is now my legal name. If I just married I would completely accept their stance to be fair.