Thommo 708 Posted June 13, 2012 Share Posted June 13, 2012 Since the newco option was first brought up, I was of the understanding that the players had the option to walk away from a new-co and I'm pretty sure the Players Union chief Fraser Wishart confirmed this.However - and correct me if I'm wrong here - but I'm sure I heard Charles Green saying that they would be in breach of contract if they done this, would that be correct?Sorry if this has already been asked, but it's difficult to catch up with every thread! Quote Link to post Share on other sites More sharing options...
HHB 63 Posted June 13, 2012 Share Posted June 13, 2012 Obviously it will depend on the wording of the actual contracts but, I would have thought that their contracts will be with the Oldco, not the Newco. Also, I think it is standard language in most contracts for them to become null and void in the event of bankruptcy or liquidation. Quote Link to post Share on other sites More sharing options...
Marco 1,501 Posted June 13, 2012 Share Posted June 13, 2012 Under Scots employment law they can as any transfer of contract is at the digression of the employee. The grey area seems to be what happens to their registrations in the event of liquidation and it seems that this is what green is banking on to see the transfer through. Quote Link to post Share on other sites More sharing options...
mark_jer 0 Posted June 13, 2012 Share Posted June 13, 2012 There was an insolvency specialist on SSN just now who said that normally it was pretty straightforward, but in the case of a football club, it is complicated by the players registrations, which are held by the club.Appeared that she was unaware of how this affects the situation, so will be interesting to see if this is challenged by any of the players.An interesting piece by Naismith this morning. One thing he mentions is the players being ambitious and wanting European football.I wonder how many of them could get a job in the EPL with a club that would be in contention for Europe, not too many I would imagine! Would be nice to see the players sticking with the club. I know they have made sacrifices, but if the club comes out of this debt free and with proper investment (to be seen admittedly), their profiles could perhaps be a lot better than with clubs in the Championship or lower level Premiership clubs.I will be so pleased when all of this is over..... Quote Link to post Share on other sites More sharing options...
ZeonBlue 378 Posted June 13, 2012 Share Posted June 13, 2012 As far as I am aware when you transfer via TUPE the same deal you are on with the previous company exists for 12 month with the company you TUPE to after that you renegotiate new contracts or walk awayThats in the normal working mans world not that of the pampered football player Quote Link to post Share on other sites More sharing options...
Douglas Cameron 179 Posted June 13, 2012 Share Posted June 13, 2012 TUPE regulations exist in this sort of situation. Essentially in a business and assets deal like this employee contracts automatically transfer. This is to protect the employee. The oddity here is that unlike you or I doing a 9 to 5 the players may choose not to enforce the automatic transfer as they may benefit by doing so.The difficulty here is the registration. Can they decide not to transfer under Uk employment/insolvency laws only for football registration rules to thwart this? I'd say no. Football regulations cannot be considered superior to general laws.If players want to walk I think in the end they can. Fine by me. I am heartened though by comments by the likes of Naismith. He seems desperate to stay and it seems only expulsion from the SPL could change that Sometmes people underestimate playing for the club you love, living close to your family and friends. Yes Boyd has ended up with more money but if he could he'd rewind it all and stay with Rangers. Any player choosing to stay will sacrifice short term money for the long term gain of being one of THE all time Rangers legends. Quote Link to post Share on other sites More sharing options...
don1972 491 Posted June 13, 2012 Share Posted June 13, 2012 dont their contracts become null and void..if they want to walk away they can.. Quote Link to post Share on other sites More sharing options...
BroonBear 696 Posted June 13, 2012 Share Posted June 13, 2012 are the players not assets of the club, which in turn the newco are buying?? Quote Link to post Share on other sites More sharing options...
jonbryce 63 Posted June 13, 2012 Share Posted June 13, 2012 Since the newco option was first brought up, I was of the understanding that the players had the option to walk away from a new-co and I'm pretty sure the Players Union chief Fraser Wishart confirmed this.However - and correct me if I'm wrong here - but I'm sure I heard Charles Green saying that they would be in breach of contract if they done this, would that be correct?Sorry if this has already been asked, but it's difficult to catch up with every thread!The players have a contract with oldco, which will be terminated because the company no longer exists.Newco must offer the players contracts on the same terms as their contract with oldco, but the players don't have to accept them. If they refuse to sign the contract, they aren't in breach of it, because they never agreed to it. Quote Link to post Share on other sites More sharing options...
adam2102 579 Posted June 13, 2012 Share Posted June 13, 2012 depends. maybe when the new contracts were written they included a new co in it? nobody knows apart from those who wrote the contracts and those who signed them (or the lawyers of those who signed them) Quote Link to post Share on other sites More sharing options...
disgruntled_bear 157 Posted June 13, 2012 Share Posted June 13, 2012 According to PFA Scotland chief executive Fraser Wishart. They can walk away. Quote Link to post Share on other sites More sharing options...
Ricky_ 893 Posted June 13, 2012 Share Posted June 13, 2012 Green & D&P seem to think that they will become part of the newco, and i'm pretty confident that D&P know the legal in & outs.Also in the case of Leeds when the club was purchased & trasnferred into the Newco, it was all done within a couple of days and they continued on with the saem players, as nothign ever even happened. So i think there is precedent to keep the players.it's looking like Div 3 anyway so it could be important to keep the players to sell, because not many of the older guys will stick about for div 3, it will help to get what we can and invest in youth & rebuidl towards the SPL. Quote Link to post Share on other sites More sharing options...
*Manticore* 1,893 Posted June 13, 2012 Share Posted June 13, 2012 Yes, under TUPE they are entitled to transefer to the new company on their current terms, but they can also refuse and walk away.Not sure what would happen to their registration, but I'm sure it could not be transferred to the new company without their consent. Quote Link to post Share on other sites More sharing options...
will_1974 204 Posted June 13, 2012 Share Posted June 13, 2012 The answer is normally clear....a football player/club scenario in my opinion isn't really covered by the regulations Quote Link to post Share on other sites More sharing options...
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