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

[combined tree services]

this is why i make sure all of our tree reports are on headed paper with hand written name and signature of the auther . Anyway this still does not explain why your boss sent you to do the job ? lets be honest he is an employer and at the time you were employed by him and working under his directions and requests .

[RobArb]

he didn't send me to do the "report" job and it wasn't a report... I was at the place hedgecutting and was asked to look at the trees, i gave a handwritten opinion of the trees on site, gave a copy to them and a copy to my boss. It was then upto other people than myself to sort the job out, i seem to have been entangled in the middle of this mess.

[GMan]

Hi Rob

 

If you are asked to attend a formal Interview, which I believe you say you have been?, a formal Interview is normally, a formal Interview under caution!.

 

Also, a formal Interview under caution usually means that the local authority believes you have committed a criminal offence!.

 

Just thought you would want to know this as I am sure you want to be prepared In the best way possible.

 

What Im curious about is, have you not received a request In writing to attend the Interview?, as this Is normal practice!

[RobArb]

no i was phoned up and asked to come in, and i don't believe i have commited any offence apart from being in the wrong place at the wrong time

[combined tree services]

no i was phoned up and asked to come in, and i don't believe i have commited any offence apart from being in the wrong place at the wrong time

 

no rob you may well not think that you have commited an offence but for the LA to place you under caution would lead me to believe that they are considdering taking legal action against you . But i fail to see how you can personally be prosicuted in any way .

[Pat Ferrett]

Hi Rob! did you buy any chance ask them who's responsible for checking if a tree has a tpo or is in a tca before any work is carried out ie land owner company or climber ?.

[GMan]

I hear what you're saying Rob and It certainly seems that way.

 

I wish you all the best with it and remember this, Its basically the same as a Police Interview under caution and you have exactly the same rights ie the right to have someone with you be it a legal rep, friend etc, the right to say nothing, the right to leave at any time.

 

Out of further curiosity, have you spoken to your former boss or work colleagues about this, Im sure you're not the first to be contacted.

[Rupe]

Its the companies responsibility we know that already. If a climber is contracted to sort these things out as part of his employment with a company and he fails to do so, then its the companies fault but they would then sack him failing to do his job.

 

Its never the climbers fault. Its the company that carries out the work, and whoever owns that company is responsible end of.

[RobArb]

apparently i don't think its the person on the tools as an employee that has to check but i could be wrong.

 

both the other parties (former employer and college have been interviewed formally) and i have given the name also of my former chargehand who as yet has not been contacted.

 

Ah crap, why me haha!!!

[Glen Poole]

Your employer would have quoted & arranged a time & date for the works to be carried out with the owners of the said trees. Your employer should also check to see if the trees have any legal constraints. He obviously didn't check. I go out & quote & recommend work for my company, i've even written one or two reports but i've never checked for t.p.o's/conservation areas unless i've been asked to by my boss. I can't see that you've done anything wrong, you've just given your opinion on the trees condition & recommended works, that's not commiting any crime. Your ex boss is at fault & he knows it. Don't worry about it fella:thumbup1: