Shropshire Star

Pokemon-potty staff hauled before bosses, says Shropshire law firm

Workers in Shropshire are being dragged before their employers for playing Pokemon Go while they are on-the-clock, it has been claimed.

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The mobile craze has already produced warnings from groups including the police that players should not be attempting to catch Pokemon while they are driving, or to trespass on railways.

Now an employment law specialist at Shropshire firm FBC Manby Bowdler says the company "is aware of cases" of staff facing disciplinary hearings for playing while at work.

Pokeman hunters Luke Phillips, Zack Pressland and Amy Phillips visit Telford Steam Railway as they search for characters

Visitor numbers have more than doubled at Telford Steam Railway since the arrival of Pokemon Go.

Characters from the game and even a PokeStop have been spotted at the railway, at Spring Village, in Horsehay, coinciding with more people calling in at the site - many carrying smart phones in their hands.

The operators say since the launch of the app last month the number of passengers using the service has risen by about 60 per cent.

The railway's commercial director Mark Paynter said: "Traditionally July is pretty quiet for us because people are saving up for the summer holidays, but over the last couple of weeks since the Pokemon craze started our visitor figures have shot up.

"We don't know whether this is due to Pokemon, but we are doing really well at the moment. Even on the days that we are closed the volunteers have noticed people lurking at the gates holding their phones.

"Last Sunday we had 125 visitors which is fantastic for us. Early in July we were getting 60, so we have doubled our numbers. If it is being helped by Pokemon all well and good, and if not we still don't mind. It's still good for the railway."

The volunteer staff have caught characters at various locations and are urging visiting Pokemon fans to play safely while on the site.

The line runs from Lawley Village to Horsehay & Dawley stations on the old Wellington and Severn Junction line that once ran between Wellington and Craven Arms via the Ironbridge Gorge.

The next train will depart from Lawley Village at 11am tomorrow Sunday(7).

This weekend will also see the launch of auditions for actors for the line's Christmas spectacular The Polar Express Experience.

Roles will be cast for the parts of conductors, dancing chefs and Father Christmas.

The project is part of the railway's £150,000 fundraising appeal towards extending the route to Doseley.

Auditions are are taking place today(6) and August 13. To book a casting call the organisers on 07484 005586.

This project is part of the railway's £150,000 fundraising appeal towards extending the route to Doseley.

The curtain goes up on December 2 on the trips that will operate for 14 evenings in the run-up to Christmas Day.

Amber Bate, an employment specialist with the firm, which has offices in Shrewsbury, Telford and Bridgnorth, said she had heard of knuckles being rapped because of the popular mobile-based game.

"There are various problems for businesses such as disruption caused by characters being located on their premises, although some businesses such as cafes and pubs are cashing in on this to attract customers," she said.

"Another potential implication for employers is employees becoming so hooked on the craze they can't stop playing the game. This may particularly affect home or mobile workers including those who have to drive.

"It really ought to go without saying that this type of behaviour is totally unacceptable and will be treated as misconduct, leading to disciplinary action being taken. However, if an employer is particularly concerned, they should consider making a pre-emptive statement to reinforce this."

She also said taking a hard line stance on the matter would be likely for many Shropshire employers.

"Any suspected incidents of staff playing the game whilst working should be promptly investigated and appropriate disciplinary action taken," said Ms Bate.

The augmented reality game sees players collecting virtual Pokemon from real locations using their mobile phones, and Ms Bate also said companies could track the movement of company vehicles to see whether drivers have taken any big detours to add to their collections. But she said that employers must make sure that they are complying with data protection rules before taking disciplinary action.

"For example, if the employer has tracking devices installed on company vehicles that might help them gather evidence to support such allegations that an employee was taking unnecessary detours," she said.

"It is important to ensure that employees are aware of any tracking devices and that data is processed in line with a data protection policy."

Rambling players of the latest Pokémon Go craze could find themselves breaking trespass laws, another law firm warned.

James Spreckley, of Midlands law firm Lodders, said there had already been reports of players coming face-to-face with farmers as they searched for cartoon monsters on their land.

Mr Spreckley said: "Pokémon Go players have hit streets, shops, parks, libraries and churches amongst many other public places, aiming to catch characters, not realising that in their quest, they could well be venturing onto private land and be liable for an accidental trespass."

He said Pokémon Go used a technique called "augmented reality" to allow players to use their smartphones to hunt and capture cartoon monsters or Pokémon characters in the real world.

Some businesses are using the game to their advantage by dropping "lures", items used to attract Pokémon, which in turn attracts crowds of people to their business.

Mr Spreckley said: "For farmers and landowners the situation is likely to be very different with a risk for both the landowner and the trespasser should someone venture onto their land.

"The Country Land and Business Association has already received several reports from its members of players trespassing while using their smartphones to play the game.

"Pokémon Go players are warned to stay away from farms and private land.

"Not only could players be injured by livestock or machinery, they could also face a claim for trespass and even criminal charges."

He said negligent or accidental trespass could still incur liability, as well as intentional trespassing.

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