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

[combined tree services]

this may seem a silly question but have they Formally placed you under caution ? (same speech as the old bill use) the only reason i ask this is that untill they do so you are not at libberty to answer any questions regarding the job in question , they may well ask questions but you do not need to answer then there and then and untill your placed under caution i would not answer a thing , one under caution i would contact your boss and request legal/union representation at the companies expense .

[Rupe]

I have always been under the impression that its the responsibility of the person carrying out the work to check for TPOs. Id pull another sicky and use the time to see where you stand before you march in and answer to many questions. Can anybody on the old firm give you the heads up on whats going on ? Have you thought about talking to your old boss, it might be in both of your best interest to be singing from the same hyme sheets. Good luck anyway

 

So if your boss says theres no tpo's then thats it checked!

 

Its not for every climber/cutter to be phoning the LA every day to get the all clear. If your boss says its all fine then its all fine and his fault if not.

 

The only way it could be the person fault is (just an example) if he went next door and did some on the side work without planning permision and with no knowledge from the boss. That would still be the bosses fault but the employee would be negligent and most likely sacked on the spot for gross misconduct, unless the boss had accepted some/all of the profits.

[felixthelogchopper]

So if your boss says theres no tpo's then thats it checked!

 

Its not for every climber/cutter to be phoning the LA every day to get the all clear. If your boss says its all fine then its all fine and his fault if not.

 

The only way it could be the person fault is (just an example) if he went next door and did some on the side work without planning permision and with no knowledge from the boss. That would still be the bosses fault but the employee would be negligent and most likely sacked on the spot for gross misconduct, unless the boss had accepted some/all of the profits.

 

The scenario you have there in employer's liability is known as 'on a frolic of their own', always a favourite of mine in Tort essays:biggrin:

[High Scale]

Rupe is talking total sense as usual, I wouldn't worry at all, pass that tray of BS straight back to the boss, that's why he gets paid more than you do, it's his responsibility and his alone.

[scotspine1]

Are the trees TPO'd or do they fall within a Conservation Area?

[RobArb]

conservation area

[scotspine1]

conservation area

 

In what way were the trees damaged?

 

Surely a LA would only go after a contractor for damaging or destroying a tree that falls within a conservation area?

[RobArb]

ok, had my "interview" under caution today. I know they said i hadn't but it felt like i'd been arrested!!

 

They started asking me question about my role in the company etc, told them that i was just an employee etc. Turns out my ex-employer had mocked up my "opinions" of what i thought could be done to the tree into a basic typed tree report with my name on it that i had never seen before and shown it to the council!?

 

It turned out that they were very pleasant in the end and seemed happy (i hope) with my explanation of things..

 

Theres still a naggling part of me though that thinks i should be worried yet i don't think i've done anything wrong!

[combined tree services]

maybe you need to get a coppy of this tree report the you apparently made and seek legal advice as to what you can do , if he can do this once and get away with it then who says he may not do this again ?.

[RobArb]

i'll ask for one. I haven't signed it its just typed on one of his letterheads. Think they understand my point of view.. I think?