Non employee wearing company uniform

[Elyana]

Just interested to know where we stand in legal terms and whether anything can realistically be done about it.

The person in question wears company branded uniform in the vicinity of our operations. Essentially they are impersonating a staff member and at the very least in possession of company property.

They have never worked for us but purchase the items on eBay from ex employees. Whenever anyone tries to broach the matter there are complaints of harassment.

Thoughts?

I've known people with SN to proudly own and wear a part of uniform of a transport company they are particularly interested in. So my guess is the person doing this is vulnerable in themselves. This doesn't stop them possibly losing some sort of danger to others who might see them as a responsible, DBS checked person, of course. But I do think the situation needs to be handled with this in mind.

@WeBuiltThisBuffetOnSausageRoll - there was a story in the news a few years ago whereby a local attraction had a man in a high-viz stood in the council owned carpark everyday for years who would take a fee and give people a ticket. One day he didn’t turn up for a week or so and the staff at the local attraction rang the council to find out if they were sending anyone else. The council was confused as they’d never sent anyone in the first place, it was free parking! The guy was gone with his takings and no one knew who he was. I can’t find the news story now! I’ll keep looking.

@WeBuiltThisBuffetOnSausageRoll - oh ignore me! There is now doubts on whether it is true or not but it was definitely reported as such at some point.

So much to think about here, and yes I am aware that a potential SN issue will need to be considered. Planning to go through all these replies and organise into something I can take to the relevant people.

Wow

I wonder if it may be possible to take other routes first, such as mediation, or offering him volunteer work elsewhere (transport museum?) or something. Someone with SN or a fixation will likely keep coming back no matter what injunctions exist (see Darius McCollum above though that's an extreme case), and it's likely going to be a continuing manpower/processes headache for OP's company. Police response depends on area I suppose.

I guess it wouldn't work doing a whole uniform rebrand?
Then strictly enforce that uniforms can't leave the premises?

But then I guess the man would just get a dressmaker to knock him up a new version.

I think you need to speak to him, it doesn't sound like legally you can do anything, my next suggestion would to give him a nickname and some publicly so that members of the public are aware that he is not associated with your company and maybe he'll become a tourist attraction himself?

Brilliant

I watched on a police program a few years ago where they pulled over a guy they'd had complaints about. He had an up to date ambulance van, kit and full uniform but they couldn't arrest him or charge him with anything.

Police might have a word with him as a courtesy to try to ascertain if he has any criminal intentions or is a danger (though you say no risk to public safety ?). But it doesn’t sound like he’s done anything criminal so far, so to that extent, not a criminal matter and the police will have no powers to make him do anything.

Although the uniform is stolen it sounds like he didn’t steal it, he bought it off eBay in good faith, so he has as much claim to the uniform as you (the employee who stole it is the one who holds responsibility there). It’s possible, since it’s a regulated profession, that there is some specific law about passing off that might apply, but those sorts of things are hard to make stick if he isn’t also telling people he’s an employee or doing things that only a real member of the profession is allowed to do.

So looking to HQ to try and find some civil remedy is probably a good idea. But if he’s a huge enthusiast, is it possible to flatter him into giving it up somehow? Offer him a tour, special rides, and a repro of an old uniform in exchange or something? Might be cheaper and less antagonistic/risky/likely to get bad publicity than the legal route?

*Actually, I think this bit of my post Although the uniform is stolen it sounds like he didn’t steal it, he bought it off eBay in good faith, so he has as much claim to the uniform as you (the employee who stole it is the one who holds responsibility there). is wrong.

Even if bought in good faith, if you can show that they are definitely stolen from you and couldn’t have come from anywhere else, you would have ownership and a case for the police to potentially act on. He wouldn’t be criminally liable, but he wouldn’t get to keep them.

Once upon a time, pre-internet, that may have been the case. I'm pretty sure that whatever the vehicle is (I'm guessing train) there are online copies of training manuals and an accurate simulator.

You'd be amazed how few people will challenge someone that looks like they belong somewhere. I remember a colleague who'd never arrange a meeting with a client, he'd just turn-up at their office door having walked through security unexpected and unchallenged. High vis over smart officewear with a clipboard usually does it. The uniform is a potential security risk.

So having worked for 15 years in public transport my guess is it's buses as we used to get lots of enthusiasts and some of the younger ones had special needs. If it is buses then it's likely that some of the drivers will know the person and will likely have his details or if you know that he often hangs around a certain area you could hand deliver a letter to them advising them to cease. The eBay selling of uniform was common in the bus industry

OP, if this is causing a problem, why isn't management attempting to resolve the issue? Has upper level management been alerted to the problem? If so what has been their solution?

If upper level management is aware and they are doing nothing, it is possible that they do not perceive this to be a serious problem or they have been advised by the their legal representatives that this man in not breaking any laws.

You can imagine all sorts of hypothetical scenarios resulting from this, but if no laws are being broken, there is nothing that you can do other than to be alert as you go about your normal routine.

It does not sound as through this man has created any real problems thus far.

It's not a train, it's not a man, management are attempting to resolve the issue but have so far been unsuccessful.

Greeters' Guild man?

It’s almost certainly not passing off, unless he’s taking money off people.

there are some really old laws governing misuse of certain uniforms, but these generally cover the forces, scouts, guides etc and again I very much doubt they apply here.

the police won’t be interested in a stolen t-shirt. Unless he’s actively harassing people or otherwise interfering with the business - neither of which are about the uniform as such - my advice would be to treat the guy as a harmless nutcase, and go about your day.