Sixty-seven players 'in legal action' over Rangers contract transfer

[simplythebest 0]

rhys mccabe ‏@rhysmccabe16

 

What's this 67 thing people are on about ? #newstome

 

Hope he's enjoying heading to league 1 with Sheffield Wednesday.

[kuznetsov 0]

Hope he's enjoying heading to league 1 with Sheffield Wednesday.

 

he got himself a brand new rangey out of it.

[biggordy 0]

Does this make things any clearer.

Extract from the Share Offer.

 

Certain players of RFC 2012 plc (Alan McGregor, Kyle Lafferty, Rhys McCabe, Sone Aluko,

Steven Davis, John Fleck, Steven Naismith, Steven Whittaker and Jamie Ness) purported to object

to the transfer of their contracts of employment to RFCL pursuant to TUPE. RFCL maintains that

these purported objections were incompetent and that the players instead unilaterally terminated

their contracts of employment in an unlawful manner. Arbitration proceedings under Article 99 of

the Articles of Association of the SFA were commenced on 5 July 2012 in the name of RFC 2012

plc. Any damages due would be payable to RFCL. RFCL was not a member of the SFA at that

time and therefore the reference had to be made by RFC 2012 plc. RFC 2012 plc accepts that it has

no financial interest in the outcome.

Discussions took place with representatives of some of the players and agreements have now been

reached with Steven Davis, John Fleck and Rhys McCabe. Representatives acting on behalf of the

remaining players have challenged RFCL’s rights to participate in the process in any capacity given

that it was not a member of the SFA at the time of the alleged breaches of contract and the date of

the reference to the SFA under Article 99. A preliminary hearing has been fixed for 7 January 2013

at which these jurisdictional challenges will be determined. If RFCL is successful at this hearing,

then the claims against the remaining players will proceed to a full hearing. At this point it is

anticipate that such a full hearing will take place in March or April of 2013. Preliminary advice

from senior counsel is that RFCL's prospects of winning these preliminary arguments are good.

However, it is not currently possible to quantify these claims in full.

Ann I 20.8

105The only financial liability that RFCL could incur as a result of the Article 99 process is an award

of expenses in the event that it is unsuccessful in its claims against the players. It is far from certain

that such an award of expenses would be made, even if RFCL lost the case. In any event it is not

anticipated that these costs would exceed £30,000.

11.4 PFA Scotland has raised an employment tribunal claim against RFCL on behalf of 67 unnamed

players at the employment tribunal in Glasgow. The claim relates to an alleged failure on behalf of

RFC 2012 plc to inform and consult with affected employees prior to the TUPE transfer on 14 June

2012. Both RFCL and Rangers 2012 plc have been cited and compensation can be awarded on a joint

and several basis. RFCL's advisers have taken issue with PFA's right to bring such a claim on behalf

of the players. Senior counsel's advice has been taken on the matter and a robust opinion has been

given to the effect that PFA Scotland has no locus or standing to raise such a claim. RFCL advisers

are therefore attempting to have the employment tribunal fix a pre-hearing review at which this

issue can be finally determined. If RFCL’s preliminary challenge to the bringing of this claim is

successful that will be the end of the matter. It is not currently possible to quantify these claims in full.

11.5 Sone Aluko, Kyle Lafferty and Jamie Ness have raised employment tribunal claims against Newco.

They claim constructive dismissal. RFCL has challenged the right of these players to bring such claims

for a number of separate jurisdictional reasons, but in any event these are low value claims. The players

were all employed by new clubs almost immediately on financial terms which we understand are at least

as beneficial as those they enjoyed with RFC 2012 plc. The Club’s advisers believe that these claims

have simply been lodged for tactical purposes that relate to the SFA arbitration described in paragraph

11.3 above. It is not currently possible to quantify these claims in full.

11.6 There has been no governmental, legal or arbitration proceedings (including any such proceedings

which are pending or threatened of which any member of the Rangers Group is aware) which may

have, or have had during the 12 months preceding the date of this document a significant effect on

the financial position or profitability of the Rangers Group.

12. Material contracts

12.1 The following are all of the contracts, not being contracts entered into in the ordinary course of

business, which: (i) are or may be material to the RFCL Group, and have been entered into by

and/or a member of the RFCL Group within the two years immediately preceding the date of this

document; or (ii) (regardless of when entered into) contain provisions under which a member of

the RFCL Group has an obligation or entitlement which is or may be material to the RFCL Group,

as at the date of this document:

[Steve1872 4]

Rangers Supporters ‏@rangersfctrust

So far @jiggymacc6 @sonealuko and @naisy14 have denied all knowledge of dispute with Rangers. Any others?

GreggWylde11‏@GreggWylde

For all those Rangers fans asking NO am not involved.

[der Berliner 3,299]

Regarding 11.4 ... Methinks the PFA Scotland acted on its own accord and in the name of these 67 players (which probably included all players we had at that time) ... without consent of them.

 

11.5 ... I'm not sure why Sone Aluko would do this and he does not look to know anything about it. Maybe some players should look after the doings of their agents et al somewhat closer?

 

I'll give this another 24 hours before commenting any further.

 

EDIT: I wonder what takes so long over at the BBC to get an article on this out? They've been on the forefront of everything negative so far?

Edited December 11, 2012 by der Berliner

[the gunslinger 3,366]

tomorrows record confirms its all the players we owned at the time of tupe and its action by the pfa on their behalf.

 

green says his lawyers say we will win.

[simplythebest 0]

tomorrows record confirms its all the players we owned at the time of tupe and its action by the pfa on their behalf.

 

green says his lawyers say we will win.

If the current players know anything about it they must remove their names or pack their bags.

[the gunslinger 3,366]

18 current players are part of the 67 according to the record.

[gisabeer 409]

who instructed the pfa to act? they have no right to act on the behalf of an individual if they havent made a complaint.

[der Berliner 3,299]

Best wait for a club statement on this. I would assume there are some talks going on in the rooms of Ibrox and MP as we speak/write.