TPO Cautions

[baggins91]

The first was a formal caution and the second is an interview under caution. The first i had to admit to as the officer turned up as the tree hit the ground, hard to deny it when you have the saw in your hand.

I'm not so worried about criminal convictions as i'm pretty sure my company and the clients are more likely to get those but i'm just interested to know how the cautions are handled after they are issued.

[Amelanchier]

Do you mean an interview under caution? Or the issuing of a formal caution? If the latter, did you admit to the offence?

 

Either way, it's not a conviction which means (a) you don't have to declare it when listing convictions (unless asked for cautions as well) but (b) it is not covered by the Rehabilitation of Offenders Act 1974 so it will never go.

 

But if it is the latter then it is an admission of guilt to a criminal offence... If the second offence was in the same county court jurisidiction then the OP could have been before the bench on the second count with a strong case against his favour. Round here all the LPAs share info on those that have accepted formal cautions with the express intent of making the second case count if the first didn't quite make it.

[baggins91]

Thanks Tony, that was the sort of info i was looking for.

[felixthelogchopper]

confession time....many years ago I had an 'extra' on a job I was doing, it was a clear fell of a medium sized Birch. I phoned the LA and got the all clear and the tree was on the deck before the call was finished.

The lady's hubby then came home from work and asked about felling a large Oak in the front garden. Again, I phoned the LA and got a different tree officer, he informed me that the Oak was not TPO'd, but that everything in the back garden was , I was sitting on the birch logs in the trailer as I made the call!...nothing came of it, but sometimes tree officers can make mistakes too!

 

I bet you felt really guilty as you burned them

[treesnatcher]

i did one recently that i had checked with LA, definately no tpo or CA at the address but stated there is a tpo next door. Half way through job (deadwood and 15% reduction at most) we removed a fence panel and realised there were no trees at all next door. The tree was a superb large over mature oak.

How do i stand legally? could it come back to haunt me? we finished the job, got paid and went home.

[HCR]

If you can prove that the LPA told you that no TPOs were present on the property you worked at, you will be fine.

 

See Lovett, Newman and Barton V Epping Forest District Council for a judgement relating to the TPO being on the wrong side of the fence. Slightly surprising result.

[NoRush]

I was lold by our local tree hugging council tree officer that if something like this happens if should be the owner of the tree who is to blame not the person who is doing the work (unless you get the wrong tree). This , i was told, was to stop big building firms and land owners felling TPO trees. So why was you cautioned at all. Questioned yes but not cautioned. If it happens again (hope not) refuse the caution. It wasnt you fault you checked you were doing your job. Looks like they went for the easy target. I would dig a bit more find out who is to blame and get caution removed. TOTALY WRONG:thumbdown:

[Rupe]

IMO any employee found to be felling a tree without consent should just laugh it off and point the LA in the direction of the employer who should then take the caution himself.

 

Its a disgrace that employers are sending workers out without the correct paperwork (even if they dont have it in hand it should be in the office) and then the worker gets the blame.

 

I know about LA's policy of the person with the saw is to blame etc. but the person with the saw is merely a representative of the company carrying out the work.

 

To the OP, dont worry about it!! Get a new boss or a pay rise for your inconvenience.

[Topcat]

employer and employee = Master and servant, different matter if you are a subby. I would check the law.You should not be held responsible for actions you undertake as a direct instructio byour employer. Unless you go and shoot some one of course lol

[base]

I have been in this situation as a sub contractor, they kept harping on how they were going to prosocute me, I pointed them in the direction of the main contractor, and heard nothing more.

 

When i sub contract to people i am there todo a job, not to check that all relevant legal documents etc have been sorted,

 

The council just want to get their "hooks" into somone, and sadly anyone will do.

 

The buck stops with the owner/main contractor not employees or subbys.