Looking for legal help - UK

[BASE813 0]

I posted this on the UK BASE board and the DZ BASE forum - but thought there maybe some legal UK jumpers who dont read those:

If you are a lawyer or know someone that might be able to help me then please M me........... thank you.

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I have recently spoken to a lawyer about a situation I have with my company.

Going into month 3 off work due to my injury, I spoke to my company and told them about the possibilty of a bone graft operation in 2 months, my company is now speaking to their legal department about my situation.

Having spoken to my own solicitor, it seems that due to the "illegal" side of our sport I may not have much standing against them. The only way I am able to argue against them either changing my contract without changing everyones, or being able to put in a clause that means they can sack me if I should get injured again is that they were well aware of my activity for the past 2 years.

The issue of BASE being seen as "illegal" means that they have more rights in changing my contract.

The solicitor I am speaking to, is unaware of BASE as a sport, but his general thoughts are that tresspass is both a civil and criminal offence........... (I have since spoken to several Police areas and they say "its a civil issue and nothing to do with us"

My company has no rights in restricting what I do outside of work if it does not effect my working hours, but if me taking part in an "illegal" activity effects my work then I dont really have "a leg to stand on" ???

I really need to find more information on the supposed legal stand point of BASE - if anyone has any information that may help me, or any contact of a BASE knowing lawyer then drop me a line...............

some people hey!

[vt1977 0]

Try posting your query to:

www.employment-solicitors.co.uk

They will forward your query to a local Solicitor who specialises in Employment Law who will then get in touch with you.

I hope this is helpful.

Vicki

[nacmacfeegle 0]

You might also want to try the Citizen's Advice Bureau.
They are free and might be able to advise on your legal rights in this situation.

Mr2mkg seems to know a wee bit about our law, it might be worthwhile PMing him.

Hope it all comes good for you.

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He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson

[BASE813 0]

thank you both for your replies........


unfortunatly both general solicitors and the CAB dont have a clue about BASE juming in the UK - nor do the police as it seems "its not our problem"

from what my lawyer is saying it all comes down to the legal standing of BASE in the UK - I really need to find out how it is seen legally here....................

[yoink 321]

PM'd

[Red_Skydiver 0]

I did a law degree many years ago but I'm NOT a lawyer.

My understanding is that BASE is not illegal. Trespass on other peoples property is the biggest offence you may commit (but you don't necessarily commit this offence by BASE jumping, you may have permission to be there and that permission may be implied if the circumstances are right, it depends on where you are jumping from etc) . Trespass always was and as far as I know still is treated as a civil offence not a criminal one (but there may have been developments in this area of the law in recent years which I don't know about). If it still is a civil offence then my guess would be they cannot sack you and if they do you can take them to an industrial tribunal (cheaper and easier than going through the courts). You really do need to speak with a professional lawyer however for this - try finding one that deals with tresspass, they may not know about BASE but they can tell you if tresspass is criminal or civil and give you advice in that area. An lawyer specialising in employemnt law may be able to help too. The CAB should be able to help with trespass and employment law.

[BASE813 0]

thanks for your rely (and others that PM'd me)

I have spoken to a lawyer who says:

"tresspass is a criminal and civil offence"

I have spoken to the police who say:

"its a civil offence and nothing to do with us"

I have spoken to the CAB who say:

"well we dont really know anything about that sort or activity"

.................. I am in actual need in getting what the "LAW" says about BASE - can someone point me toward someone that perhaps knows / or would like know how we stand here...........

thanks again for those that took time to answer me!

Michael

[PhreeZone 20]

A legal precident for BASE probally does not exist and as such you will be defining the case law for it. Your best bet is to find a specialist in tresspassing and get them to advise you.

Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

[ScottishJohn 25]

The option would be to find another job then tell current boss to go fuck himself with his "Investors In People Award" then tell new employer nothing about your weekend activities.

I only mention this as I don't think you can really trust this company, and I wouldn't like to work under a condition that if I get injured then I will get sacked.

P.S. if your company doesn't have an IIP award then I can lend you the one we have here.

John

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If you think my attitude stinks you should smell my fingers

[Red_Skydiver 0]

The "Law" will not state "BASE is illegal" or "BASE is legal".

The question is: Is trespass a criminal offence or a civil offence? If the Police say it's a civil offence then you will not be prosecuted by them (or the CPS to be exact) which in turn means you will not be found guilty a said criminal offence which in turn means your employer cannot dismiss you for committing a criminal offence!!

You need to look at employment law to see if the employer can dismiss you for a civil offence which I doubt very much they can. I think the only leg they have to stand on is if you persistently take time off sick - I pretty sure they can dismiss you then but this is extremely rare and they have to have damn good grounds to do this which in your case I doubt they will.

Any old common garden lawyer will be able to help with this case even though they don't know anything about BASE. The lack of BASE knowledge with the lawyer isn't the problem here it's finding a good employment lawyer that you should be worried about.

[lawrocket 3]

I'm not a British lawyer. That said:

I'd concur with Red. Find a good employment lawyer. I don't know if you all have employment contracts there like we do here. But, they may have to find language in the contract that you violated.

I'm having a hard time wondering how the trespass is an issue, short of a morals clause that prohibits it.

My wife is hotter than your wife.

[PhillyKev 0]

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short of a morals clause that prohibits it

That's what I was thinking. That would get them around the "it's only a civil matter" issue.

[Red_Skydiver 0]

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short of a morals clause that prohibits it

That's what I was thinking. That would get them around the "it's only a civil matter" issue.

The English legal system is completely different to the US system. It's one thing offering advice on the Enlgish system when you know a little bit about it but it doesn't help anybody by speculating when you know nothing about it.

Having said that the law is a bit lke skydiving - having a little knowledge can be more dangerous than having no knowledge at all (in which case I'll shut up know!)

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[PhillyKev 0]

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The English legal system is completely different to the US system. It's one thing offering advice on the Enlgish system when you know a little bit about it but it doesn't help anybody by speculating when you know nothing about it.

Anyone speculating about any law on dz.com doesn't really help anyone. I would hope no one would take legal advice from on here but actually talk to a lawyer.