Du kommer med mange rare påstander, hva med å dokumentere de? UK employment law gjelder fortsatt. The Athetic har vært innom dette:Orakelet skrev: ↑søn okt 16, 2022 9:54 pmJa, og så er det forskjell på et arbeidsforhold og en tidsbegrenset kontrakt mellom en klubb og en profesjonell fotballspiller. Stillingsvernet som du tenker på er ikke relevant. Her er det en gjensidig bebyrdende kontrakt og et spørsmål om en av partene har brutt kontrakten.Harduetforslag skrev: ↑søn okt 16, 2022 8:15 pm Her var det mye rart..Først og fremst så er det forskjell på en sponsoravtale og en kontrakt med arbeidsgiver
Dette kontraktrettslige spørsmålet er likt i relasjonen Greenwood vs Nike, som i relasjonen Greenwood vs. ManU. Forskjellen er at Nike sparer penger på å avslutte kontrakten mens ManU taper penger på å avslutte kontrakten (en potensielt svært verdifull spiller kan gå gratis til en annen klubb). Derfor har de valgt ulike løsninger selv om advokatene deres nok er enige om alternativene.
However, John Mehrzad QC, a barrister with Littleton Chambers and a frequent member of sports arbitration panels, believes United may be able to renew the standard 14-day suspension on a rolling basis.
“Given the seriousness (of the matter), a suspension until any trial is entirely permissible in my view,” says Mehrzad, adding that this suspension would be on full pay.
“I don’t think they have enough to sack him unless he makes an admission. If he denies the allegations, it all turns on a trial.
“United can plainly reach a settlement agreement with him to terminate pre-trial but I cannot see that happening. It would be terrible PR for United to pay off a player facing such allegations, and why would he agree to it when he continues to be paid and no other club will touch him unless the allegations are dropped or he is acquitted?”
Dan Chapman is the head of the sports and employment teams at Leathes Prior Solicitors. He agrees with Mehrzad on United’s options regarding suspension but disagrees on the possibility of a deal between club and player.
“Manchester United’s position may be simple if they choose to await the outcome of the criminal process and Greenwood is either found guilty, or pleads guilty, and is sentenced to three months in prison or more,” says Chapman. “The standard contract of employment allows a club to terminate by giving 14 days’ notice in the event of a prison sentence of three months or more.
“The position is less simple if Greenwood is either not prosecuted or prosecuted but found not guilty, or convicted but not imprisoned for three months or more. In either of those scenarios, Manchester United would have to conclude that the player’s conduct, in his personal life, has amounted to gross misconduct in the course of his employment.
“That is a far easier argument to make in the event of a conviction but would be a contentious argument in the event of no prosecution or a not-guilty outcome. Football clubs have tended to take a more cautious route in circumstances such as this, often preferring to negotiate a mutual release of the player or a transfer.”
So, United could sack Greenwood before a trial for bringing them into disrepute?
Yes, but it is not easy if the player denies the allegations.
“If they decide to sack him, because, from a PR perspective, it’s what they should do, the player has seven days to appeal,” explains Seligman.
“Once you put the appeal in, the sacking is put on hold. Then it goes to an arbitration tribunal, which decides whether the sacking is justified. If the sacking is justified, the player is sacked. If not, the player is reinstated.
“Before that appeal is heard, you can suspend the player on full pay. Or the club can put the money into the PFA escrow account (a third-party account where the funds can be held) and it is returned if the sacking is justified.
“These panels are meant to be heard within six weeks, but that’s not always the case. I had one a few years ago, the player was sacked, we appealed it, went to a hearing, it was dragging on and his six-week suspension was up. The player hadn’t done anything sinister so I said, ‘Your suspension is finished, go to the club on Monday for training’. The manager lost it and the club made an offer for settlement. The manager didn’t want the player around but, by contract, he had to let him.”
And this is where Seligman slightly disagrees with Mehrzad, which is what happens when you consult so many lawyers.
“The same thing could happen with Greenwood,” says Seligman. “I don’t think they can really suspend him for longer than two weeks. You can’t continually discipline someone for the same offence, it would have to be a new offence.
“If he’s not charged, I’d advise him to appeal a sacking. It would go to a third-party tribunal and those are all private, not like a normal court. He could get a big pay-off and nobody would know.”
But if it did get out, Seligman and Mehrzad are back on the same page.
Seligman continues: “United might just do a deal with him, but if that ever got out it would look terrible. You have the court of public opinion and what came out looked terrible.”
He adds an important caveat:
“Not being charged with a criminal offence isn’t necessarily a free pass for Greenwood. The Crown Prosecution Service (CPS) will only charge you if they think they can convict you to the criminal standard of proof — beyond reasonable doubt. Whereas you can terminate a contract on the balance of probabilities. A club could form an argument for termination.”
Det er definitivt ikke det samme som en sponsoravtale, hvor de fleste situasjonene som kan sette sponsoren i negativt lys er nok til å rive kontrakten uten kompensasjon