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  1. #1

    You cant just sack someone


    0 Not allowed!
    I have been reading much of what has been written and I will put my take on it from an Employment Law position which 'YES' football clubs have to abide by...

    When football managers are sacked they are rarely actually sacked. Their position becomes untenable and therefore what is known as a compromise agreement comes into affect. Basically we will pay you up your contract or some of it and you can go now.

    You can only dismiss someone on performance related grounds or gross misconduct. On performance grounds you need to have demonstrated that you have done everything in your power to assist improvement in your employee and it is more complex than you think. For example if a chairman has said there is a pot of money for transfers and then there isn't it would be impossible to dismiss someone on performance related issues. On Gross misconduct there are as already indicated time periods for investigation, time periods for written invitations, at least one hearing and then a time period for appeal.

    If Gus is found guilty of Gross Misconduct then he can be dismissed subject to appeal.

    If Gus is found guilty of lesser Misconduct then he can be fined or some other lesser punishment. If this becomes the case then his position would become untenable and then a compromise agreement would need to be negotiated thus taking more time.

    Before anyone comes back on this be clear that employment law is the same for all companies in all industries.

    I am just trying to point out that things take time and more patience is needed. The problem here is that it has been made public from the start where in other clubs these things rumble around behind the scenes for a long time which makes it look as if we are dragging things on.
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    • #2
      Members Brighton TID's Avatar
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      Mutual agreement?
      Just who is the 5 o'clock hero?
    • #3
      Milkman's Son. JamesAndTheGiantHead's Avatar
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      With all due respect, everyone knows.
    • #4

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      Quote Originally Posted by JamesAndTheGiantHead View Post
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      With all due respect, everyone knows.
      Spoilsport
    • #5
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      Well, Brighton will either conclude their investigation following the hearing and deduce that Poyet breached his contract and therefore was guilty of gross misconduct providing grounds for his dismissal. Or, if the investigation proves inconclusive, they will take the view that Poyet's position has become untenable due to a breakdown in relations and the negative media publicity that has been generated and therefore it is 'mutually agreed' that Poyet leaves. Either way, there is no comeback.
    • #6
      Milkman's Son. JamesAndTheGiantHead's Avatar
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      Quote Originally Posted by bha100 View Post
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      Spoilsport
      I feel like your avatar now.
    • #7
      Members Uncle C's Avatar
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      Quote Originally Posted by El Abd's Head Slap View Post
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      I have been reading much of what has been written and I will put my take on it from an Employment Law position which 'YES' football clubs have to abide by...

      When football managers are sacked they are rarely actually sacked. Their position becomes untenable and therefore what is known as a compromise agreement comes into affect. Basically we will pay you up your contract or some of it and you can go now.

      You can only dismiss someone on performance related grounds or gross misconduct. On performance grounds you need to have demonstrated that you have done everything in your power to assist improvement in your employee and it is more complex than you think. For example if a chairman has said there is a pot of money for transfers and then there isn't it would be impossible to dismiss someone on performance related issues. On Gross misconduct there are as already indicated time periods for investigation, time periods for written invitations, at least one hearing and then a time period for appeal.

      If Gus is found guilty of Gross Misconduct then he can be dismissed subject to appeal.

      If Gus is found guilty of lesser Misconduct then he can be fined or some other lesser punishment. If this becomes the case then his position would become untenable and then a compromise agreement would need to be negotiated thus taking more time.

      Before anyone comes back on this be clear that employment law is the same for all companies in all industries.

      I am just trying to point out that things take time and more patience is needed. The problem here is that it has been made public from the start where in other clubs these things rumble around behind the scenes for a long time which makes it look as if we are dragging things on.
      What is not typical is the sums of money that are involved when a football manager's employment ends. With Gus there is a £5m spread.

      We dismiss him and we pay £2.5m, mutual agreement and it could be cost neutral, he is poached by another club and we receive £2.5m.

      How do you see these finances working out. For instance if we are able to sack him for gross misconduct do we hold his 'registration' and can we expect the £2.5m when he takes up employment with another club.
      Don't make old people mad. We don't like being old in the first place, so it doesn't take much to piss us off.
    • #8
      Members nomoremithras4me's Avatar
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      Eeeesss complicated, 2.5 million reasons why that's the case I guess
    • #9
      Its All Too Beautiful Brighton Mod's Avatar
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      Quote Originally Posted by El Abd's Head Slap View Post
      This quote is hidden because you are ignoring this member. Show Quote
      I have been reading much of what has been written and I will put my take on it from an Employment Law position which 'YES' football clubs have to abide by...

      When football managers are sacked they are rarely actually sacked. Their position becomes untenable and therefore what is known as a compromise agreement comes into affect. Basically we will pay you up your contract or some of it and you can go now.

      You can only dismiss someone on performance related grounds or gross misconduct. On performance grounds you need to have demonstrated that you have done everything in your power to assist improvement in your employee and it is more complex than you think. For example if a chairman has said there is a pot of money for transfers and then there isn't it would be impossible to dismiss someone on performance related issues. On Gross misconduct there are as already indicated time periods for investigation, time periods for written invitations, at least one hearing and then a time period for appeal.

      If Gus is found guilty of Gross Misconduct then he can be dismissed subject to appeal.

      If Gus is found guilty of lesser Misconduct then he can be fined or some other lesser punishment. If this becomes the case then his position would become untenable and then a compromise agreement would need to be negotiated thus taking more time.

      Before anyone comes back on this be clear that employment law is the same for all companies in all industries.

      I am just trying to point out that things take time and more patience is needed. The problem here is that it has been made public from the start where in other clubs these things rumble around behind the scenes for a long time which makes it look as if we are dragging things on.
      I'm not sure that Gus is an employee of the club or the company that owns the club, in the same way that he is not an employee of the BBC or Sky when he acts as a pundit. I would have thought that all his financial affairs were handled through a Limited Company, Umbrella Company or even in his case an offshore company to make his remuneration more tax efficient. Thus we would not be talking about employment law but contract law. Whats going on is a negotiation to find a compromise severance and having seen Gus from one side I can see that he is being hard nosed and stubborn, who wouldn't of course in his position. The only problem for Gus is that as every day passes he opportunities are lessening and the eyes of other egotistical chairman are being drawn away from him. In the absence of Gus accepting a compromise then the club will have to see if they can prove that he has breached the agreement reached between themselves and Gus and cancel it.
    • #10

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      Quote Originally Posted by JamesAndTheGiantHead View Post
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      I feel like your avatar now.
      Sorry to hear that, what up? I used to like your other avatar.

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