Fare evasion using staff nominee card

[babyshambles]

Hi,

I was hoping to get some advice. One of my family members was caught using their staff nominee card during communting hours. They work from home and have been using the card only once or at most twice a month for catch up days. We were under the impression that this doesn't count as commuting as it was not being used every day Monday to Friday. Moreover, gate staff always let her through when she showed it to them. Our mistake trusting that this was ok.

She's already been told that she'll lose her travel cards permanently. We're just waiting for the letter from the TOC telling us what's the outcome. Obviously, very worried that it'll go to prosecution and losing their job due to a criminal record. We are hoping for just a fine but do you think it will be more serious than that? Should we be worried?

 

[Titfield]

Train Operating Companies do not have the power to impose a fine - fines can only be imposed by a court.

Has the railway employee spoken to their Union Representative?

How does the family member know they will lose their nominee card?

 

[babyshambles]

Train Operating Companies do not have the power to impose a fine - fines can only be imposed by a court.

Has the railway employee spoken to their Union Representative?

How does the family member know they will lose their nominee card?

No, haven't spoken to union rep yet. It doesn't concern the staff member just the staffs family member.

The rail staff travel (RST) have told the TOC's benefit team, who then emailed to tell them to cut up the passes.

I'm not sure how it works but they told the family member that they'll could get fined, go to mag court and get a criminal record. Is there a way to settle out of court? Obviously they are worried they'll lose their job.

 

[Cuthbert]

The staff member needs to be careful as it is known they can have their perks taken off them.

The company I work in deal with it a little different now with restorative justice. They will get the family member in and someone from the company.

I've never heard someone going to court for it but I am not a pro in this just what I have seen working 10 years.

The "fine" probably means a penalty fare as the person didn't have a valid ticket.

 

[Titfield]

The "fine" probably means a penalty fare as the person didn't have a valid ticket.

Penalty Fares as such can not be issued retrospectively.

I wonder why the person thinks they will lose their job because of having a criminal record for what, in the grand scheme of things, is a very minor offence.

EDIT

It sounds as if the TOC may treat this as a form of fare evasion so (hopefully) it may be resolved by an apology, payment of the fares for the journeys taken and an administration fee.

I would think that being taken to court is extremely unlikely providing that the person engages with the TOC which they are almost bound to do so given the familial relationship.

 

[Cuthbert]

Penalty Fares as such can not be issued retrospectively.

I wonder why the person thinks they will lose their job because of having a criminal record for what, in the grand scheme of things, is a very minor offence.

Agree I just assumed they were penalty fared where the incident happened.

 

[babyshambles]

Penalty Fares as such can not be issued retrospectively.

I wonder why the person thinks they will lose their job because of having a criminal record for what, in the grand scheme of things, is a very minor offence.

They think this as the Revenue Officer kept telling her that they'll take her to magistrate court and because they work in finance, if they get a criminal record, they'll lose their job. I wanted to complain about this Revenue Officer but don't think it'll help the case.

== Doublepost prevention - post automatically merged: 10 Jul 2024 ==

Agree I just assumed they were penalty fared where the incident happened.

They wasn't penalty fared at the time. Just details taken, nominee pass confiscated and report written. They didn't ask for any payment, otherwise they would had paid on the spot, and be done with it. So we're worried it will go to court.

 

[Cuthbert]

They think this as the Revenue Officer kept telling her that they'll take her to magistrate court and because they work in finance, if they get a criminal record, they'll lose their job. I wanted to complain about this Revenue Officer but don't think it'll help the case.

And this is the reason us "Revenue Officers" get a bad name.
That's very unprofessional and I would put a complaint in if they were aggressive.

Again that's my ToC if caught.
If the person is not rude we would take the pass and hand it over the the staff members team leader/manager. They normally have a word.

Best bet is to contact a union rep as mentioned and explain what has happened. RMT and ASLEF are very good.

 

[babyshambles]

And this is the reason us "Revenue Officers" get a bad name.
That's very unprofessional and I would put a complaint in if they were aggressive.

Again that's my ToC if caught.
If the person is not rude we would take the pass and hand it over the the staff members team leader/manager. They normally have a word.

Best bet is to contact a union rep as mentioned and explain what has happened. RMT and ASLEF are very good.

I can't see what good ASLEF could do for a family member of the ASLEF member. The benefits team of the TOC have not asked for the staff members passes so there's no issue with employees benefits.

 

[Titfield]

Without wishing to worry you, when I worked for a TOC and had both a priv card for myself and a staff nominee priv card for my partner , it was impressed upon me that any wrong doing by my nominee would reflect badly on me and could impact me.

The member of staff at the very least needs to speak to their union to see what advice they can give even if it is only advising what the company policy normally is.

 

[skyhigh]

I can't see what good ASLEF could do for a family member of the ASLEF member. The benefits team of the TOC have not asked for the staff members passes so there's no issue with employees benefits.

Employees have previously lost their jobs over misuse of travel facilities by family members. We have seen a few examples on here.

It seems a reasonable precaution that the employee gives their union rep a heads up in case something is working it's way through a disciplinary process and hasn't yet reached the employee.