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Giraffe

VERY part time moderator
Helpful Moderator
NSC Patron
Aug 8, 2005
26,573
A compromise agreement is the ONLY way forward and because of time pressure the club is in an ever-weakening position.

Totally this. Their position on day one of this saga was very weak, it is not now untenable. They have to act, pay off Poyet, and get a new manager. Personally think it's nonsense we are in this position, but given it seems there is no going back Poyet has to go. And they have to pay him to do so.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,044
The arse end of Hangleton
I doubt it; his disciplinary is with the top level management. Who is he going to appeal to other than the civil court?

Not all the board will have been ( or will be ) involved in the meetings, discussions and decisions. He'll be able to appeal to other named directors - probably Martin Perry. It's good and standard practice.
 


Bra

Well-known member
Feb 21, 2009
1,366
patcham
Totally this. Their position on day one of this saga was very weak, it is not now untenable. They have to act, pay off Poyet, and get a new manager. Personally think it's nonsense we are in this position, but given it seems there is no going back Poyet has to go. And they have to pay him to do so.

Can you let us have details of the clubs weak case since you must know to confidently post.
 


nwgull

Well-known member
Jul 25, 2003
13,823
Manchester
Not all the board will have been ( or will be ) involved in the meetings, discussions and decisions. He'll be able to appeal to other named directors - probably Martin Perry. It's good and standard practice.

Is it bollocks. If you work for a large company and are unfairly sacked by your line manager, it is the company (effectively the board of directors) that you take to court, not the line manager. This is why most would have an appeal process to enable the sacked employee to go to the directors before going to court. Gus, if sacked, will be sacked by the board of directors - THERE IS NO-ONE WITHIN BHA THAT HE CAN APPEAL TO.
 








Bra

Well-known member
Feb 21, 2009
1,366
patcham
If reports are true there appears to have been the offer of an agreement rejected by one or other party. Would be nice if agreement could be reached at this late stage but the battle lines are drawn I suspect and I doubt either side will back down now.

Its a crap situation to be in with players back next week and no one looks good in all this
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,044
The arse end of Hangleton
Is it bollocks. If you work for a large company and are unfairly sacked by your line manager, it is the company (effectively the board of directors) that you take to court, not the line manager. This is why most would have an appeal process to enable the sacked employee to go to the directors before going to court. Gus, if sacked, will be sacked by the board of directors - THERE IS NO-ONE WITHIN BHA THAT HE CAN APPEAL TO.

Well I worked for a company where the Ops Director was sacked by the MD. The Ops Director had the right of appeal to any other board member.

The government tell employers to follow the ACAS guidelines or risk being sued - https://www.gov.uk/dismiss-staff/how-to-dismiss-someone

ACAS guidelines say an employee must have the right of appeal ( page 4 ) - http://www.acas.org.uk/CHttpHandler.ashx?id=1047

So you're wrong.
 






nwgull

Well-known member
Jul 25, 2003
13,823
Manchester
Well I worked for a company where the Ops Director was sacked by the MD. The Ops Director had the right of appeal to any other board member.

The government tell employers to follow the ACAS guidelines or risk being sued - https://www.gov.uk/dismiss-staff/how-to-dismiss-someone

ACAS guidelines say an employee must have the right of appeal ( page 4 ) - http://www.acas.org.uk/CHttpHandler.ashx?id=1047

So you're wrong.

Appeal to who then? The board of directors who have just sacked him?

If he's sacked tomorrow and believes it's unfair, the only course he will have is civil court. Fact.
 


nwgull

Well-known member
Jul 25, 2003
13,823
Manchester
Well I worked for a company where the Ops Director was sacked by the MD. The Ops Director had the right of appeal to any other board member.

The government tell employers to follow the ACAS guidelines or risk being sued - https://www.gov.uk/dismiss-staff/how-to-dismiss-someone

ACAS guidelines say an employee must have the right of appeal ( page 4 ) - http://www.acas.org.uk/CHttpHandler.ashx?id=1047

So you're wrong.

And ACAS is just a guidance service provided by the government. It's not the law.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,044
The arse end of Hangleton
Appeal to who then? The board of directors who have just sacked him?

If he's sacked tomorrow and believes it's unfair, the only course he will have is civil court. Fact.

I've already told you - a director who has not been involved in the process. It has nothing to do with "who" sacks him and as it happens it's "Brighton and Hove Albion Ltd" that sacks him which is run by the board.

If he's sacked then he could go straight to litigation but he would be better off following the process of appeal that the club MUST have in place. I can give you my Employment Solicitor's details if you like ? She's very good and she'll tell you exactly the same thing. The club can't just ignore the rules ( well they can but they'll then lose if it goes to court ).
 


nwgull

Well-known member
Jul 25, 2003
13,823
Manchester
I've already told you - a director who has not been involved in the process. It has nothing to do with "who" sacks him and as it happens it's "Brighton and Hove Albion Ltd" that sacks him which is run by the board.

If he's sacked then he could go straight to litigation but he would be better off following the process of appeal that the club MUST have in place. I can give you my Employment Solicitor's details if you like ? She's very good and she'll tell you exactly the same thing. The club can't just ignore the rules ( well they can but they'll then lose if it goes to court ).

He is by far the most important employee in the business. As such the board of directors will have all been involved in the decision to suspend him.

We'll see what happens if he gets sacked tomorrow.
 


Bra

Well-known member
Feb 21, 2009
1,366
patcham
I've already told you - a director who has not been involved in the process. It has nothing to do with "who" sacks him and as it happens it's "Brighton and Hove Albion Ltd" that sacks him which is run by the board.

If he's sacked then he could go straight to litigation but he would be better off following the process of appeal that the club MUST have in place. I can give you my Employment Solicitor's details if you like ? She's very good and she'll tell you exactly the same thing. The club can't just ignore the rules ( well they can but they'll then lose if it goes to court ).

Been thinking about this bit, my thought is that he will not go down the appeal route, his arguement being pre judged etc but will go straight to litigation.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,044
The arse end of Hangleton
Been thinking about this bit, my thought is that he will not go down the appeal route, his arguement being pre judged etc but will go straight to litigation.

I suspect you're right and if that happens we're all going to know every detail because with so much money at stake it's NEVER going to go to an Employment Tribunal.
 


nwgull

Well-known member
Jul 25, 2003
13,823
Manchester
I suspect you're right and if that happens we're all going to know every detail because with so much money at stake it's NEVER going to go to an Employment Tribunal.

I agree; he is right. No director is going to undermine Bloom.
 




Blue Valkyrie

Not seen such Bravery!
Sep 1, 2012
32,165
Valhalla
Been thinking about this bit, my thought is that he will not go down the appeal route, his arguement being pre judged etc but will go straight to litigation.

He'll only go to court if he doesn't mind the chargelist being made public. So it depends what he is charged with I guess and if it is defendable.
 




DIFFBROOK

Really Up the Junction
Feb 3, 2005
2,266
Yorkshire
Forgot about the players reporting back this monday. I would assume that if they been given extended leave, then the club would have made this known. I cant believe that Tarrico would take the players training and with Charlie still under suspension who would train them?

Maybe the club is working on the basis of Gus going before this weekend (or Gardening Leave) and the new manager will be in place this weekend? Cutting it a bit fine though
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,044
The arse end of Hangleton
Forgot about the players reporting back this monday. I would assume that if they been given extended leave, then the club would have made this known. I cant believe that Tarrico would take the players training and with Charlie still under suspension who would train them?

Maybe the club is working on the basis of Gus going before this weekend (or Gardening Leave) and the new manager will be in place this weekend? Cutting it a bit fine though

Or possibly Charlie being re-instated by the weekend ?
 


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