ASK Check your contract details carefully

Q1. I’m a shift worker, and my shifts usually add up to 55 hours per week, but I only ever get paid for 48. Am I entitled to challenge this?

A. If you need help checking the calculations for your hours, get in touch with CAB.

Your employer can’t make you work more than 48 hours a week on average. It doesn’t matter what your contract says or if you don’t have a written one.

If you want to work more than 48 hours a week, you can sign an agreement to opt out of the maximum weekly working time limit. It’s your decision – your employer can’t make you opt out and even if you do choose to sign it, you can cancel it at any time.

If you’re being forced to work more than 48 hours a week, your employer might be breaching the terms of your contract. You could talk to your employer about it or raise a grievance.

If that doesn’t solve the problem, you could resign and claim constructive dismissal at an employment tribunal. Get advice before you do this though, because it’s difficult to prove constructive dismissal and not many claims win.

To be successful, you’d need to prove your employer seriously breached your contract and you resigned in response to that. If you don’t want to take legal action but think your employer is breaking the rules, you can also report a problem with working hours on gov.uk.

Your contract might say you need to do some work on top of your usual working hours – this is overtime. You only have to work overtime if your contract says so. You don’t have to work it if you could show the extra hours would make you earn less than the national minimum wage.

Even if your contract doesn’t mention overtime, your employer might still ask you to work extra hours. You have a right to say no but if you say no without a good reason, it might damage the relationship with your boss. Whether your employer can make changes will usually depend on your contract and whether you agree to the change.

Q2. I bought a second hand car from a trader in November. I’ve already had them agree to do some repairs but there are still issues that need fixed and now they have stopped answering me.

A. If there’s something wrong with your used car, you might have a legal right to a repair, the cost of a repair, or some or all of your money back. This includes if it’s damaged, doesn’t work, or doesn’t match the advert or description you were given.

You won’t be entitled to anything if you were told about the fault when you bought the car and someone fully explained what the problem meant, or you inspected the car and should’ve spotted the problem, for example a dent, or you caused the fault, or finally if the fault is normal for how much the car has been used (known as ‘fair wear and tear’). For example if the brake pads need replacing after being used for a long time.

In this situation, you’re entitled to a repair if the car is faulty – but you should act quickly. You’re legally entitled to a repair if something goes wrong with the car.

Because you bought the car in the last six months, the law says it must have been faulty when you bought it. If the trader says the car wasn’t faulty when they sold it to you, it’s their responsibility to prove it.

If you don’t agree with this proof, you might need to get your own evidence. ‘Faulty’ means the car is not ‘of satisfactory quality’ – it should do what you’d expect for its age, mileage, price and type and is fit for purpose. For example, if you asked for a car that would pull a caravan, it has to be able to do that, or ‘as described’ – it has to match the advert or the description the trader gave you.

If the problem fits into at least one of these categories, ask the trader to repair the car. If the trader takes too long (or it causes you too much inconvenience), you’ll be entitled to a partial refund.

Q3. My partner has a gambling problem that is getting worse, I’m worried about how it can affect me but I don’t know where to start?

A. Dealing with someone’s gambling problem can be very stressful – you can get support for yourself from the charity GamCare. You may also want to talk to your partner, to tell them how their behaviour is affecting you and ask them how big the problem is or let them know they can get help.

If someone has borrowed money in your name without your permission, this is fraud and is illegal. You aren’t responsible for paying this money back but you should report the fraud to the lender as soon as possible – for example, the credit card provider, who will investigate the situation.

If you have a joint loan with the person who gambles, you’ll both be responsible for the debts. Your credit rating can also be affected by the other person’s actions.

If you were forced to take out a loan, you should let the loan company know if you’ve experienced domestic abuse or coercion – for example, if the other person scared you into taking out a loan to fund their gambling. The lender will ask your permission to investigate and if you’re not happy with how your lender investigates your case, you can complain to Financial Ombudsman. Finally, benefits payments can sometimes be split between you equally.

Q4. I am an adult and I want to change my surname. How do I go about it?

A. Anyone can change their forename or surname at any time, as long as it’s not for fraudulent purposes.

You can officially record a name change with the Registrar General, however there’s no legal requirement to do so. There’s more information about recording a change of name on the National Records of Scotland website.

In some cases, it’s not in a person’s interest to have a name change recorded – for example, in the case of domestic violence. A name change is recorded on a public register, and anyone – for example, a violent ex-partner – has access to the name change, but in most other circumstances, recording a name change is advisable.

For example, for legal purposes like inheritance, it can be difficult to prove entitlement to an estate if the person who has died changed their name but didn’t have it officially recorded.

Remember that there’s a limit to the number of times a person can record a name change though. If you were born in Scotland you can easily record a name change with the Registrar General. If you live in Scotland but weren’t born here, you can make a statutory declaration in the presence of a person with signing powers, then this is attached to the original birth certificate, and doesn’t have the effect of changing the birth certificate, but supports the name change. Finally, you can also use a deed poll if you were struggling with the other options, and there are many services that offer this process, particularly online.

Q5. I’m 16, was adopted, and want to find out who my birth parents are. How do I do it?

A. Generally speaking you have a right to see your original birth certificate.

If you were adopted before November 1975, you’ll have to see a counsellor before you can obtain the certificate or make use of adoption records.

Once you have these details you can then trace the names by doing an online search or, in Scotland, you can contact Birthlink Family Care who hold adoption records and aims to put adopted people and their birth relatives in touch with each other, when both parties are happy for this to happen.

PLEASE NOTE: Rutherglen & Cambuslang Citizens Advice Bureau is available for telephone / e-mail advice. We are also open for drop in at our main office on a Monday, Tuesday, Wednesday and Friday from 10am until 3pm.