Advice needed!Very akward, arrogant boss!!!!

[geoff]

we all know right from wrong,if you are knowingly going out to cut a tree you understand to be protected then don't do it,if you work for someone who deliberatly ignores the rules,like them or not then you will undermine your principles and your credability .

Simples.

 

We all have to earn a living,feed the kids,etc.that is a fact,so why ruin the future for a few quid today?

 

It obviously goes against the grain for you,so check out the facts,make sure you are correct, and stick to your principles.

 

Long winded post from me ,rules are made to be broken,as some are absurd,then some make a lot of sense!

[lendahand]

Rubbish.

 

The contractor will be fined, not his employee's.

 

Err, that's good so if we all rely on Skyhuck's legal advice, anyone can cut a protected tree down and just say " it's ok I'm an employee". That would stand up in court for sure. Be realistic before you are so quick to give a single word reply of "Rubbish".

 

Anyone involved in cutting a protected tree is liable, I think you will find. Where you are confused, it is common practice to take either the tree firm or the owner to court or both, only. However, there is nothing at all to stop them taking to court the guy with the saw in his hand whether he is a sub-contractor, a firm, one man and his dog or an employee or anyone under the sun involved. It just depends on how aggressive the L.A. are.

[skyhuck]

Err, that's good so if we all rely on Skyhuck's legal advice, anyone can cut a protected tree down and just say " it's ok I'm an employee". That would stand up in court for sure. Be realistic before you are so quick to give a single word reply of "Rubbish".

 

Anyone involved in cutting a protected tree is liable, I think you will find. Where you are confused, it is common practice to take either the tree firm or the owner to court or both, only. However, there is nothing at all to stop them taking to court the guy with the saw in his hand whether he is a sub-contractor, a firm, one man and his dog or an employee or anyone under the sun involved. It just depends on how aggressive the L.A. are.

 

Are you for real???????????????

 

Please give me one example of an employee who has been prosecuted??? (other than one who's job it was to check)

 

Are you really suggesting that all the members of a tree gang should check that every tree has been cleared for TPO's etc??????????

 

What about ownership of the land and tree??? should all employees check that too???

 

What about all the trucks and gear?? they could be stolen, should that be checked out by staff too?????????

 

As the company owner, you are responsible for all of the above, NOT your staff, they come in, do as they are asked and have to take it that you have got all the relevant matters in hand.

 

If you are told, as an employee that things are not right , then you should not go ahead once you are aware, as you would then be complicit, but you can act in good faith without fear of prosecution.

[Wee Jim]

Rubbish.

 

The contractor will be fined, not his employee's.

 

I was always led to beliv it was the guy on the saw that gets the fine. Like when someone crashes a car they dont own its the driver not the cars owner that gets fined!

 

I personally reckon though you'd both get in trouble!

[skyhuck]

I was always led to beliv it was the guy on the saw that gets the fine. Like when someone crashes a car they dont own its the driver not the cars owner that gets fined!

 

I personally reckon though you'd both get in trouble!

 

How on earth could you crashing a car be your bosses fault????

 

So does the groundie get done too???

 

I know of firms that have been fined, it was the Company that got prosecuted, not the staff.

[Steve Bullman]

well theres enough tree officers browsing the forum, perhaps one of you could pipe up and give us a definitive answer on this please?

[Wee Jim]

i was using a car as an example i.e the guy that runs the saw and does the damage is surely liable as they are the one that actually did the damage

[dangerous brian]

Tree officers are like wind you know they are there but you seldom see one,i agree would be nice to see one box his corner,and give us some insight.

[skyhuck]

i was using a car as an example i.e the guy that runs the saw and does the damage is surely liable as they are the one that actually did the damage

 

If you drive a works vehicle, you should walk around it and do a visual check for road worthiness, such as lights and tyres, if you drive it in an unroadworthy condition you could be prosecuted, but I do not believe you are expected to ask to see the MOT or insurance cert. These are things you take on trust and if they are not in place its the boss who is in bother, not you.

[Johny Walker]

well theres enough tree officers browsing the forum, perhaps one of you could pipe up and give us a definitive answer on this please?

 

they wouldnt have the balls to come on hear & comment,thats why ther tree officers ,got some thing to hide behind ,+ most failed in tree work & couldnt cut the mustard