McGhee - Law firm knew 3 months ago

[Lord Bracknell]

Mark Mcghee is being represented by ASB law over his dismissal.

This is very, very odd.

I was under the impression that ASB Law was a firm that worked for the Albion.

 

[aftershavedave]

Re: Re: McGhee - Law firm knew 3 months ago

This is very, very odd.

I was under the impression that ASB Law was a firm that worked for the Albion.

not so odd lord b, if there is no current work, and therefore no conflict, then they may well decide to take the work. they risk losing future albion business, although the way these things work it wouldn't do any harm to do a good job in opposition....

 

[chez]

To be honest it would serve DK right. Maybe next time he wont be so rash to sack a manager unfairly. Good luck in the case Mark.

 

[BensGrandad]

As per Lord B I was under the impression that ASB were the firm that we were using for the Falmer application and if so as this is not yet resolved I find it hard to believe that they would act against the Albion.

 

[Juan Albion]

Re: Re: McGhee - Law firm knew 3 months ago

What a load of something out of nothing. If it were true, it would probably mean BHAFC took advice from the law firm since it is no secret that firing the manager was under discussion at board level but that DK prevailed. It is only sensible in that situation to ask advice on what it would cost to take a particular course of action. Only then can you discuss what is in the best interest of the club. Despite what a certain Palarse fan on here said, this would clearly be a case of DK taking the right and proper course of action to protect the club. Ernest, no doubt, would expect DK to consider firing the manager without having any idea of what the cost implications would be for the club. Sorry if you are to be disappointed, old boy.

What worries me more is how a thread that begins as little more than hearsay from a bloke who says "had seeked legal advice" is treated as fact by the time you get halfway down the first page.

 

[London Irish]

Exactly, things at the Albion may not be perfect but I simply refuse to believe we are going to be joining the Majeeds in the defendants' waiting room at the Industrial Tribunal.

 

[Gully]

If any of the lawyers I know had an employee who committed such a breach of confidentiality I am sure that they would be looking for a new job, if that involved me personally then I would insist on it.

 

[Gritt23]

But both Mark McGhee and Dick Knight agreed it was time to part ways so isn't that sort of resigning so we owe no sort of money at all

It doesn't work that way I'm afraid.

Let's say for example that my boss at work has lost all faith in me, is taking responsibilities away from me, undermining me etc, or at least that is my perception. I could walk into his office, resign on the spot and refuse to work my notice .... then sue for constructive dismissal, on the grounds that I was effectively being forced to resign.

However, I would hope the contact the club made for legal advice 3 months ago was to try and reduce the chances of a constructive dismissal case being brought, and to take advice on how best to resolve it amicably.

 

[The Large One]

To be honest it would serve DK right. Maybe next time he wont be so rash to sack a manager unfairly. Good luck in the case Mark.

Good grief.

The last thing a law firm is going to do is risk a conflict of interest, and therefore loss of a client by representing someone against them. One aspect of The Timekeeper's post is wrong, and it's probably the bit about McGhee using ASB as his own soliciitor.

As Juan Albion said, it would be madness for the Albion not to consult their own solicitors on this matter. I would suspect the club use ASB very frequently for all sorts of matters - including the acceptance of Tony Bloom's money, the paying and re-newing of contracts, advice on the premature termination of contracts, the planning application at Falmer and a hundred other things.

Similiarly, I am sure that ASB are delighted with this breach of client confidentiality.

This is a complete and utter non-story.

 

[desprateseagull]

If ASB are acting for BHA re Falmer, then they will surely have a conflict of interests, if MM asked the mto handle any claim for him, against the club?

 

[seagullsovergrimsby]

DK said MM left the club through mutual consent which to my way of thinking means that MM has accepted a pay off which is amicable to both sides. Newspaper articles saying that MM was sacked could also be taken as true if it is on a technicality , which the solicitors may argue about, to extract more money from the club. I left BT on voluntary redundancy but because BT hates using the "R" word , I went on an "early leaver payment".

 

[Superphil]

Re: Re: Re: McGhee - Law firm knew 3 months ago

What worries me more is how a thread that begins as little more than hearsay from a bloke whos says "had seeked legal advice" is treated as fact by the time you get halfway down the first page.

Spot on Juan.

What a load of nonsense the thread is.

 

[seagullsovergrimsby]

Everything you read on NSC is FACT. Mind you it may have been made more credible if the conversation had taken place in a pub which is why they seeked legal advice because if they were sober they would have sought legal advice !

 

[Dandyman]

No, it implies an agreement, the terms of which unspecified.

True. It is fairly standard in my organisation to draw up a Compromise Agreement in this type of situation in which the employer agrees to pay a sum of money as compensation for termination of employment and the employee in turn refrains from any legal action for wrongful, unfair or otherwise unlawful dismissal.

That said competency is a legal reason for dismissal but the employer would need to demonstrate a proper procedure including a hearing and right to be accompanied for the employee in most cases.