Willy Dangle
New member
- Aug 31, 2011
- 3,551
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.
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.
