You and the Law – 25th May 2010

Taking the strain

I have been suffering from repetitive strain injury and I applied to retire on health grounds.  However, the pension managers say they cannot provide me with a pension forecast because my employers are withholding their consent.

They talk about the ‘sensitive nature’ of my request.  It’s bad enough being in poor health without having this additional worry.  BL

You will only be able to retire on the grounds of ill health if your employer agrees that you are too ill to continue.  The procedure for this will probably be set out in your employment contract and the rules of your company pension scheme.

However, I wonder whether the issue is ‘sensitive’ because you have a potential compensation claim for your repetitive strain injury.  Such a claim could also take into account how your life would be affected after retirement and could be substantial.  I suggest you see a solicitor specialising in personal injury cases to discuss this further.

Switching names

My son divorced after a marriage lasting only a year.  He still has contact with his daughters, but finds that they are known locally by his ex-wife’s maiden name and have been enrolled at the infant school in her name too.
There has been no court application about this.  Is there anything he can do?  WE

The children’s surnames should not be changed without the written consent of the other parent, and if this is not forthcoming an application should be made to the court for permission.  It’s unlikely that the court would make such an order other than in exceptional circumstances.  Your son should see a solicitor immediately and if necessary make an application to the court to prevent or rectify the name change.

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