Rupe

Rob, what is it that you are worried might happen to you?

Exactly, everyone is saying the climber is responsible, but if there is chargehand/foreman then on site then he is carrying out the work as well.

But no damage or willful destrcution was carried out. It will be fine, slapped wrist at best.

Another problem with all this (in general, not this case) is that there is NO paperwork for when the work is outside of a conservation area. So if planning ahs been obtained the climber can ask to see the paperwork, but if outside the CA ther eis no paperwork. So if a boss sends someone out with no paperwork and says its not CA, then its his word you have to take, as you have no proof. One big improvement though is that many councils now have online maps for conservation areas. I have them for every town/village in the area, so when I go to quote I can pull it out there and then and show the stupid homeowner that even though they want it doing next week and its not protected it actually is!!! If every crew workign for a company had those maps, and were told not to carry out any work withign the marked area without haveing the consent with them, they woudl then know what jobs they need the consent with them and when they dont need it.

Thats a very good point! Its the one with the most experience that got fined and in the case that you mention above that is correct. I work for garden designers/landscapers etc etc and they all leave it too late before getting me in and they all say its not a conservation area etc etc. and they are all basicaly lying to my face cos the dont want any delays on the work. I check and then laugh at them, and say see in six weeks!

Yes, employment law would exclude the bloke on the saw from liabilty. Subbies would have less protection if they were genuin sub contractors but none of them are. Tony, would you be happy with EVERY tree cutter, and all the groundies in you area phoning you every day to check the TPO/CA status of hte job they have been sent to do?

Ah, tony, just the common sense we needed!!

I dont think the local tree planning dept. are the same as the Police!! Jeez, its only a conservation area infringment, not even a TPO. Its a proffessional mis hap but not a criminal offence.

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.

My spelling is perfect but I type too fast!

Yes, what I meant was some kind of compromise, a verbal agreement. You stay on at the same wage without asking for a raise (even though you are worht it and entitled) and you look for other work upto an agreed point in time afte rwhich you have to leave. Then they get you for a bit longer on a good rate and you knwo here you stand with regard to timescales. YOu would hav eto be free to leave at a weeks notice, but they cant throwyou out until the alloted time is up. Its seems unfair if they thought they were going to have you for tow years that they might chucj you out early as you have done well and finished the course early.

Or the closet!!

We should put the bids upto thousands and then just not pay for it. E bay will take more notice then??? Or maybe not. At least it will prevent a genuine sale and the seller loses out.

If you have finished the course early, couldn't they still keep you on until the two years has run out. Even if its at the same wage but as long as you have the option to move as soon as you find something i.e. dont have to give a months notice. They cant just chuck you out surely?

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.

Then you did not cut any branches off, neither did you co workers. Thats what I'm trying to explain. The company you were working for carried out the work. Of course I know that if you were holding the saw then you cut the branch off, but I'm trying to make you feel better. Your boss cut all the trees on that site even if he wasn't there. Its his business, he profits from it the most (or has the ability to if he runs it properly) and so ultimatly its him doing the work. If you hadn't done it, anther employee would have, no worries for you.

Was it on the job spec from your boss? (even if that spec originated from your advice) Or did you make up your own mind on the day and go and do it?

Just remember that you did not cut any trees down, or any limbs off. The tree company you were working for carried out the work, thats it! The boss cannot relinquish the responsibilty. If you did something you were told NOT to do, then its his fault for not employing someone who listens, or its his fault for not supervising etc etc. Its never not his fault. Only in the case of gross missconduct could it be your anywhere near your fault. LIke if someone was injured through complete and utter negligence then the law may come down on you but this is minor infringment of LA rules, nothing more, and sound like the trees weren't up to much anyway. If they want to throw some weight around then they might, as long as you don't take it personally. Assure them that if it were name on the company letterhead then you would organise your business a lot better, and have a laugh at the expense of your old boss! Leave them on good terms and you will not have LA problems in the future. (I speak from some experience, two LA's know me from the days of working for another company and I have there utmost trust, despite the things that our boss used to try and get away with!)

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.

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.

Steep! I'm sure you have really!! I went on a date with a witch once, we went for a drive in the country. She touched my leg and I turned into a layby!

If by flat you mean cos they are flat chested, then when standing thats a vertical flat surface, i.e. Steep! Steeper, flatter, colder!! Anymore?? Sexier?

Rubbish! Insurance is handed out willy nilly to anyone who wants it these days, it should not be taken as a sign that someone knows what they are doing! This is one reason why I'm anti the "have a go weekenders" having insurance. If it makes customers think that that is what proffessional tree work is then its a shame for the industry. Proffessionals have insurance. Having insurance does not make you proffessional. Whilst I agree that insurance is good for all tree surgery companies, it is pointless for one man bands doing private work on the side. We still have not enough examples of insurance companies actually paying out for minor public cliams (we know more about employees payouts) and as such it coud be a waste of money being insured, if for example working alone (not in accordance with industry best practice).

Can you drive round them (you dont want to get stuck in the queue of dodgy foreign trucks!!) or do you have little choice?

So its not "steeper" than a witches tit then? That was made up!!