the players

[amms 0]

TUPE is designed to protect the employee. This case is unusual because normally TUPE is used to stop a company taking over another company and making redundancies without having to honour previous length of service or contracts. In this case the question is can the employees chose to leave or can the new employer force them to honour their contracts with the 'old' company. As the 'old' company went into liquidation I'd say that all contracts of employment become null and void and all employees are entitled to statutory redundancy terms, the liquidator would explain this to them you'd expect.

 

In most cases the employee is pleased to have the opportunity of a job at the 'new' company, however for footballers that might not be the case. I'd say the players hold the power here and that any of them can walk away from their contract without any repercussions as the 'company' that employed them is now in liquidation.

[the gunslinger 3,366]

What about when an existing company is bought over like the bank of Scotland and becomes Lloyds Bank of Scotland, does that mean that the staff where in essence unemployed until they were offered their old job again ?

 

[Genuine question, not a dig]

 

I believe its the same. you can stay on or not.

[Guest Xander1873]

But Rangers FC plc are not being bought over, different scenario.

 

The Bank of Scotland doesn't exist any more though, its a change of company.

[der Berliner 3,247]

I wouldn't be in the slightest surprised if Greens' reasoning is flawed.

 

It wouldn't be you if such a reply was not forthcoming.

 

Of course, it strikes one as odd that in this case, where players can essentially walk for free now (and thus no transfer fee would flow back to Rangers), people still rather look for flaws in Green and Co. than voicing their hope that he's indeed legally right.

Edited June 13, 2012 by der Berliner

[forlanssister 3,050]

It wouldn't be you if such a reply was not forthcoming.

 

Whatever....

[der Berliner 3,247]

Whatever....

 

I added a few lines to my reply ... just in case.

[forlanssister 3,050]

Of course, it strike one as odd that in this case, where players can essentially walk for free now (and thus no transfer fee would flow back to Rangers), people still rather look for flaws in Green and Co. than voicing their hope that he's indeed legally right.

 

Whether I hope he is legally right or not is irrelevant, what matters is the law and we'll see what that has to say soon enough but suffice to say I'll be amazed if the law forces someone to work against their wishes for a company other than the one that employs them.

[foggy dewhurst 0]

it might be that until the sfa and the spl accept the new rangers then eveyones redundant the people i feel for are the people in the background the folk that work in and arround the stadium .

[forlanssister 3,050]

Fraser Wisharts' take on it, he should be more up to it than most.

 

PFA Scotland chief executive Fraser Wishart has warned Charles Green that he cannot pick and choose elements of employment law and claimed that Rangers players were becoming increasingly frustrated at a lack of information over their futures.

 

Wishart has rejected Green's claim that players would be in "breach of contract" if they exercised their right to leave Ibrox amid a change of corporate structure.

 

Green is poised to push ahead with a £5.5million deal to buy the club's assets and form a new club, which would need to apply for membership of the Scottish Premier League and be excluded from Europe for three years.

 

Rangers administrator Paul Clark says their lawyers had been in talks with their PFA counterparts and had different interpretations of the the Transfer of Undertakings (Protection of Employment) (TUPE) regulations.

 

The union believe players could leave for free and Wishart has raised the prospect of legal action should any who wish to do so be prevented from leaving Ibrox by the football authorities.

 

In a statement, Wishart said: "Should the players wish to transfer across to the newco, TUPE ensures that they do so on their existing contractual terms.

 

"Equally TUPE affords every employee the statutory right to object to the transfer; employers cannot select which parts of TUPE they wish to apply.

 

"If a player wishes to object to being transferred his contract of employment would immediately come to an end leaving him with no contract, no dismissal and no right to compensation from either oldco or newco.

 

"Both the club and the player are then free from their contractual obligations."

 

Some within the football authorities believe any player exercising their right to leave could be subject to a test case that could involve FIFA and the Court of Arbitration for Sport given that they will still be registered to Rangers with the SPL.

 

But Wishart said: "With regard to the question of registration, we are unclear on what legal basis the football authorities would be entitled to withhold the transfer of registration of any player in this situation.

 

"The European Court of Justice ruling in the case of Bosman is authority for the view that professional footballers are workers like anyone else and are entitled to exercise their right to Freedom of Movement when out of contract.

 

"PFA Scotland's role is to ensure that whatever the decision of each individual player, they are furnished with expert advice and guidance.

 

"Our legal team considers that there are a number of legal remedies open to a player in the event of their registration being withheld including the right to petition the Court of Session for a fast track Judicial Review Hearing.

 

"It may well be the case that all of the players wish to transfer across to the newco and if that is the case then PFA Scotland will ensure that their rights are protected.

 

"The players however are becoming increasingly unhappy at having to operate in an information vacuum whilst their futures are portrayed by others as being a fait accompli with no proper communication and consultation taking place.

 

"The players are being asked to decide upon their future with so many uncertainties involved.

 

"Unanswered questions such as which division the new club will actually play in, whether there be any sporting sanctions against the club, whether the club be eligible to play in the Scottish Cup and whether there will be a registration embargo.

 

"One or more of these factors may have an influence on a professional footballer's career - particularly since it a career that is relatively short-lived.

 

"TUPE also places a legal obligation on both the existing company and the newco to formally consult with the union/its members over a proposed transfer.

 

"Accordingly, PFA Scotland now looks forward to hearing from Mr Green and being furnished with information regarding the proposed transfer together with details of his plans for the future of the club."

[der Berliner 3,247]

Essentially, if the players move to the newco, all is fine. If they don't wish to, they can pack their bags and move for free, with some legal stuff following them out of the door. I doubt that we would want any more of this bad publicity, even though one could understand that any new owner wouldn't want these potential income streams just vanish. You'd hope most of tzhe players show common sense here, or have some more blue blood in their veins.