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Legal matters

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Original poster

why would a male employee, be using two surnames

26 replies

abbeygreen · 01/10/2015 13:03

I have recently returned to work. One of my employees left without notice.
It has now been brought to my attention that he is going by 2 surnames. the one on his driving licence is a new one that he says he changed his name at some point. the other is on a HMRC Letter with a tax code amendment under a name that was his original surname of birth (I know this because speaking to someone who used to be married into his family0 But they have no idea where this surname on the driving licence has came from. Also in all forms completed by him on his employment he uses the driving licence (new) name.
why would HMRC be using original name and driving licence show this new name. Also if he goes by the date of birth he has gave me then I would eat my hat as it states that he is 2 years younger than me which would make him 35 and he looks over 45.

Sorry If this all sounds confusing but I am also confused?

OP posts:

JessicaFletchersEyes · 01/10/2015 13:12

Step family situation; Marriage (straight or gay); Civil Partnership; Personal preference; Criminality or other dodginess.

JessicaFletchersEyes · 01/10/2015 13:20

Or parental split type thing (adopting dad's name or mother's married/maiden name). I've encountered a few of those.

Do you have other concerns?

wowfudge · 01/10/2015 13:21

I believe that while you can call yourself anything you like like in the UK you do need to stick to one name and not alternate between two for official purposes. Otherwise how do the authorities know the two names belong to one and the same person?

When I divorced my husband I changed my name back to my maiden name. Because this was the name I was registered with I did not need to use a deed poll to do so. I did have to contact everyone who had my name on their records to change my details.

Ask him which name he wishes to use at work and check with HR about the ID he has provided.

wowfudge · 01/10/2015 13:22

In other words he needs to tell HMRC about his name change so that their records are correct.

Basketofchocolate · 01/10/2015 13:23

Recent discovery of original birth family?

But others I've known as above - deciding to take on a family name or getting rid of one due to emotional issues.

A mix up? You've been sent info for someone similar but not the same person? Understand unlikely if driving licence involved...

JessicaFletchersEyes · 01/10/2015 13:24

I believe that while you can call yourself anything you like like in the UK you do need to stick to one name and not alternate between two for official purposes.

It depends what you mean by 'official purposes'. My DL and passport have been in different names for years. I keep a marriage certificate with each. All my tax affairs are in my birth name. Never had an issue.

Otherwise how do the authorities know the two names belong to one and the same person?

By NINO. Or Tax reference. Or passport no. Or all three.

Seriouslyffs · 01/10/2015 13:28

You spoke to someone in his family?

balletgirlmum · 01/10/2015 13:37

Names do have to match up to a certain extent as employers have to check certain documents under the right to work in the UK laws & sign to say it's all genuine & the paperwork details match up.

The name on the passport, National Identity Card or Resudence Permit is what we use. If they don't have one of those then it's birth certificate & a document showing NI number with documtation explaining discrepancies (marriage cert, civil partnership, other reason for change of name)

Original poster

abbeygreen · 01/10/2015 13:56

there is something really fishy abt this whole thing. from the stories he told to the way he left. He says he has moved to England but certain sources are telling me that he is still in the area. There was no reason for him from the job aspect to leave so quickly and with no notice.

Also the name he uses is not a family name.

OP posts:

Original poster

abbeygreen · 01/10/2015 13:58

I have spoke to his ex-step dad who was surprised by the name changed and also he had never heard of it. Also he only uses the 'original' name on social media.

OP posts:

Seriouslyffs · 01/10/2015 15:39

I really hope your just a nosy parker and don't have HR responsibilities. Either way you should be sacked.

JessicaFletchersEyes · 01/10/2015 15:43

I'm guessing business owner.

TheCountessofFitzdotterel · 01/10/2015 15:45

An ex of mine had his name unoffically changed by his mum when he was a child, leaving him with school exam certificates and birth certificate in different names. This was connected with his being in a very fucked up family (alcoholism, domestic violence, a mother who regularly broke up with and got back together with his stepdad while his 'real' dad was a one-night stand) and hence he found it traumatic and a bit humiliating having to explain to sceptical officials why he had paperwork that didn't match.

blibblobblub · 01/10/2015 16:38

Why exactly is it any of your business? Especially if he doesn't work for you any more

balletgirlmum · 01/10/2015 16:42

It's the OP's business because she has employed him & should have checked these things out beforehand. She has to prove that she made every effort to verify ID etc & keep copies soo guess is trying to do this retrospectively.

Original poster

abbeygreen · 01/10/2015 17:00

If you are an employer and the person you employ completes everything with a surname and the driving licence confirms that surname, then I receive a letter in from HMRC with a different surname all together then I have the right to query why as legal ID Document should match HMRC data I would have though. As I was asking opinions of others to see if this should be. I have a legal obligation to report to either DVLA or HMRC, as an employer I think.

OP posts:

JessicaFletchersEyes · 01/10/2015 17:19

But if you've disclosed a name change to a third party (ex-step-father) you are potentially in multiple kinds of legal trouble.

JessicaFletchersEyes · 01/10/2015 17:20

Did you start but simply trying to confirm or query the date of the name change with the tax office?

mariefab · 01/10/2015 18:30

Did the name on whatever he gave you to confirm his National Insurance number match the name on the driving licence?

SurlyCue · 01/10/2015 18:35

You discussed your concerns about an employee with their ex step parent?

Arsicles · 01/10/2015 18:52

I'm guessing he changed his name by deed poll and just didn't bother/get round to telling HMRC. He hated the job but didn't feel he could say that to you as his employer, so said he was moving back to England as his excuse for leaving so suddenly. There's probably no more to it than that. You're a bit out of order nosing into his private life!

JessicaFletchersEyes · 01/10/2015 19:08

OP If your business is small, get the services of an external HR consultant in future. You will do something that exposes you to expensive civil action if 'I would think' is your guiding principle.

Grazia1984 · 02/10/2015 06:59

Also remember some men change their name on marriage. I know one who went to the wife's surname and another where he and his wife combined names to be double barrelled.

Collaborate · 02/10/2015 08:44

I'd be careful about probing any more.

It's not unlawful to change your name, or indeed to use different names for different purposes (a classic example is a woman who changes to a married name for her personal life but retains her birth name for professional reasons).

If he is using different names for criminal reasons that is a different matter. However you have absolutely no evidence whatsoever that this is the case. Your investigations have resulted in you breaching the confidence of a former employee.

You are not the police. They would not consider investigating this, as no crime has been committed. Nor should you. Leave it alone. You appear to have breached the Data Protection Act by making a disclosure to the step-parent.

PerspicaciaTick · 02/10/2015 08:56

I spent 5 years using two different names. Everything work connected was under my maiden name, everything else including passport, driving licence, banking etc. was in my married name.
Nobody at my place of work ever queried my choice. It was none of their business.
I think you are making a huge mountain out of this, especially as you aren't even his employer any more.

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