Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you spoken to your HR department about this and do you still wish to use your old name at work with your colleagues
Hi Ben, we have no HR department officially, just an MD and she uses an employment solicitor for HR matters. I wish to use my old name at work as the change doesnt really to be any of their business, there is however one department that needs to know of my new name as they book plane tickets for my work and need my new passport name
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have a meting in London soon and will get my advice ready for you it may not be till later this evening regards ben
thankyou very much, ill speak to you soon
Many thanks for your patience. There is nothing specific in law that would cover this but it may certainly be argued under the implied term of trust and confidence, which automatically exists in every employment relationship. This is a ‘catch-all’ term where the employer and employee need to act in a manner that preserves the trust and confidence between each other and serves to maintain a fair and professional relationship. There are many examples that could result in a breach of this term and you could argue the same here too. You may have changed your name, but there is no need for the whole workforce to know that and as you have specifically asked your employer not to disclose that fact, if they do so then you could try and argue it is a breach of this trust and confidence.
The problem is that there is no easy way to deal with such a breach You are only really looking at a potential claim of constructive dismissal, for which you have to resign first. As you can imagine this makes this a high risk move as you will be placing yourself out of a job for an issue that would probably not justify this in the first place.
Instead you could pursue this internally at this stage. You have the grievance procedure at your disposal – this is something you can use at any time and if you have an internal complaint, which the employer would then have to investigate and deal with formally. So they could decide following that procedure that it is not necessary to disclose your new name. But try the informal route first before using the grievance and finally you have the other rights as mentioned above that would apply.
Hope this clarifies your position?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
hi ben, i have spoken to the MD and the owner of the company and they feel they wish to proceed with their original course of action.
I appreciate your efforts and guidance and thankyou for your help in this matter