Help and advice needed. TPO's/Conservation areas and prosecution!

[RobArb]

Received a phone call on friday whilst in france which i couldn't return till this morning.

 

A LA near me has reqeuested me to come in for a formal interview.

 

SCENARIO - Whilst at my previous job in the wirral, I was doing some hedge work at a local college as i was on my own as the chargehand was off and we couldn't do any tree work. Whilst there the two estates and facilities guys asked me to look at some trees for them as the college management were asking for some work to be done.

 

I walked round site and gave them a rough opinion of what i felt could be done to the trees. There were from memory about 14/15 trees in total, 5/6 of them being ash. The ashes in question had received numerous complaints from local home owners about shedding branches but the college as far as i was told wanted to keep them. On my look around i had seen some hispidus brackets and suggested the trees be pollarded back away from the road/pavement/driveways, gave a copy of my "opinions" to the estate guys and a copy to my then boss.

 

About 6-8 weeks later we (myself, my chargehand, and another colleague) were sent to this college to do the work that i gave an opinion on.

 

Someone (i am presuming a local councillor?) has complained about the ash and this morning when i rung the LA up and they have asked me to come in for a formal interview i don't know where i stand.

 

Even more to the point out of all the ash on site (i think there was 6) I only took off ONE limb off ONE tree as i was sick for 2 days in (an afternoon in hospital) with exhaustion and it was my chargehand and other colleague that did most of the work.

 

SO, why has my name been put forward from my old boss whom i no longer work for when

 

1: I didn't commission the work

2: I didn't do the majority of the work:

3: It wasn't in my job specification to check for TPO's etc as there is 2 people above me before any instruction gets to me

4: Did the college not know?

5: We were told by my then boss if any tree we were working on had |TPO clearance

 

 

HELP...!!

 

[combined tree services]

possibly its because you were on site that day and they need a statment from everyone of site , i would not worry mate , if they start trying to point the finger then ask for a coppy of the works order and job sheet , you did not request the job to be carried out , you did not produce the works order and did not wright the job sheet detiling what was or was not to be done .

[sloth]

I'd have said that as just an employee its not/was not your responsibility to check for tpo's. Who did the work I'd have also said is irrelevant, it is up to your boss to deal with that, especially if he's told you that any tree you are sent to work on has been checked. I could be wrong, but I wouldn't sweat it too much. You should be fine

[Wolfie]

Agreed. It's up to the college or contractor(then boss) to sort any TPO issues. The fact that you advised on necessary works shouldn't matter. Like combined said, they probaby just need a statement.

[ukminch]

LA's can be very funny. They aren't afraid to threaten all unsundry with no basis whatsoever and unfortunately seem to thrive on any sign of weakness, maybe your ex boss has shrugged them off??

 

If it's a formal interview I'd be very careful what you said without legal representation.

 

Doesn't sound like there's anything to worry about for you though.

 

R

[John Russell]

Don't know anything about the details of this but it seems to me that you feel very confident that you've not done anything wrong and it appears like you're working yourself up unnecessarily.

 

Calm down, don't jump to conclusions about who's done and said what. Hold your head up, answer any questions slowly, thoughtfully and truthfully and don't allow yourself to be drawn into any speculation about anything. Stick purely to the facts as best you can remember them.

 

Best wishes,

 

John Russell

[Amelanchier]

I would ask for clarification as to why you area being inviting in for interview.

 

A formal interview will be undertaken under caution and probably be recorded - they can be fairly intimidating even if you haven't done anything wrong. Whilst I'd agree that based on your scenario, they may just be after a simple statement of facts, there is the very real possibility that you may need professional legal advice if they decide that you have committed an offence (or if they want you to provide a witness statement). Asking might give you a valuable heads up.

 

You may even be able to ask them to submit written questions to you under caution which can be less stressful than hearing the click of the tape machine starting up...

[redmoosefaction]

Ignore it :-) They know nothing. Say the limb was Dead/dying/dangeous and that's all you did!

 

Don't let the B******s get you down!!

Edited January 10, 2011 by redmoosefaction

[Rupe]

I really wouldnt worry too much. Go and tell them exactly what happened. You are not at fault. Even if it was in your job description to check for TPO (which it wasn't) it would still be your bosses responsibilty. He cant pass the buck, its not possible.

 

I have been in a similar situation in the past and my boss just got a telling off in the end, but at worst he might get a fine, not your problem.

[Rupe]

Ignore it :-) They know nothing. Say the limb was Dead/dying/dangeous and that's all you did!

 

Its not his place to start lying, or making stuff up, that would make things worse.

 

Back to the OP

 

Its probably that they want you to come in cos they want your side of the story, they may already have your bosses. Go and tell them the truth.