Here comes some unwanted (and amasingly *FREE*
advice from a lawyer...
IIRC▸ , under the current Conditions of Carriage (the 24 July 2006 version) the used ticket is the property of the
relevant TOC▸ and can be retained by them (although if you ask nicely they will give you it back, usually after cancelling it or tearing the magnetic strip to prevent reuse).
(quite
which TOC is the relevent TOC is rather unclear from the conditions which have been badly drafted- is it the TOC that issues the ticket, the TOCs that prices the ticket or the TOC on whoes train the ticket is used? - as a matter of law it can't be all of them and it will remain uncertain until the Conditions are amended or a court decides what they mean - Ollie's guess that it is the TOC that sells the ticket is reasonable but might not be right and in any case would not give a
FGW▸ employee the right to retain a ticket sold by another TOC or a travel agent or Thetrainline.com)
The NCCs were amended, rather cac-handedly in my view, to introduce this provsion to 1) reduce the amount of ticket re-use and 2) to prevent the TOC's being left open to accusations of theft where a ticket barrier automatically retained a ticket and the station staff quite reasonably refused to retreive the swallowed ticket from the machine)
However IIRC (and please correct me if anyone knows otherwise), the Conditions in force in 2001 did not contain that provsion so the chap at Tauton may have acted illegally (and rather foolishly leaves himself open to a criminal charge of theft if you reported it to the police)
I keep all of my old tickets (just out of interest and I remind myself of how much cheaper they used to be as well as for expenses claims with my employer). Old tickets are also sold on ebay to collectors.
If I was their lawyer, I would advise barrier staff to be careful about confiscating tickets and to only confiscate (or better still cancel) those for which reuse is a real posibility and certainly not confiscate any tickets of purely historical interest and certainly not any tickets issued pre July 2006. If is hard to believe (although not completely certain) that a court would find against an employee or TOC who was able to argue that their actions where nothering more than those neccessary to prevent fraudulent travel but barrier staff are on possibly shaky legal ground if they think that Condition 1 clearly gives them the right to retain each and every ticket (if that is what your employer has told you then you may have been misled, it might give you the right to retain some tickets but the issue is far from clear).
I don't see a problem with a barrier staff member collecting up tickets but if a passenger asks for a ticket back then there would appear to be little point in arguing with them because of both the hassle and the fact that the barrier staff member
might actually be the wrong side of the law. It is always safer to tear it in half and hand it back.