Thanks for coming back to me.
So my court date is in 3 months.
I understand a non recordable offence won’t show up in DBS.
I don’t have a union.
My company is really nice to work for. & I am finally settled and happy.
I am too scared to tell the employer.
My mental health was finally approving & this is causing me a lot of distress
Should I speak to TFL directly & try and agree an out of court settlement. I thought it was too late as I have a court date.
I am also not convinced they read my initial Statement which also had my medical notes.
Finally they have my wrong D.O.B on their court summons document. I guess an admin error as gave the correct details and showed the Revenue inspector my ID.
There's no harm in asking TFL again. It's not too late until the literal last moment - if it comes to it, you can even turn up to court early, ask where the prosecuter is, and try to reach a settlement with him/her on the spot. But the odds are against you - TFL are one of the less likely companies to settle, they like to make an example of people to put others off, they know the impact of a conviction can be much greater than just a financial penalty, and this is a fairly serious case. You're actually fairly fortunate they're only prosecuting under by-laws, because a more serious offence which would show on a DBS probably applies here.
I'm sure they've read your statement - but I really can't imagine what kind of mental health issue would mean you're competent to work in financial services, but were somehow incapable of realising for
eight weeks that your Oyster belonged to somebody else and that you were never having to top it up or buy a travelcard. Even then it would beggar belief that the family member also somehow didn't notice. Frankly, even if this incredibly far-fetched scenario is the genuine and honest truth, I'd drop it anyway - it sounds ridiculous, TFL clearly don't believe you, the court very likely will not believe you and it doesn't help you even if they did, and your employer will either not believe you and you'll be in trouble for lying or will believe you in which case your capability to work would be massively in question.
Assuming that TFL won't settle, you need to be brave and approach your employer. Firstly because leaving this hanging over you will, from what your saying, be extremely detrimental to your mental health - you will never know whether your employer will find out somewhere down the line and put your livelihood at risk when you least expect it. And secondly because telling the truth is by far your best bet here. Presumably they know about your mental health and have been understanding enough to give you a chance and employ you regardless, in which case they may also be understanding about this lapse in judgement at a very stressful time in your life.
