WilliamFyfe 1,438 Posted June 24, 2012 Share Posted June 24, 2012 I want damages. £8m worth in Whittaker and Naismith Quote Link to post Share on other sites More sharing options...
Spectre 1,663 Posted June 24, 2012 Share Posted June 24, 2012 Goverment guidelines on employment trasnfer (it would be good to see officil legal documents if anyone has a link).To me this says that an employee has the right to resign if their working conditions are different. Provided their contracts were exactly the same, there would be absolutely no change.It is also viewed as "a resignation". Footballers cannot simply resign in order to go and fetch big sign-on fees.Hopefully the legal standing the club has, and FIFA's harsh stance on players breaking contract for sign-on fees will be enough to bolster Greens view on the contracts.The Regulations are here: http://www.legislation.gov.uk/uksi/2006/246/madeThe guidance you've quoted is addressing 2 separate things. The first thing it is saying is that an employee has the right to refuse to transfer under TUPE. The second part is saying that where the working conditions are substantially reduced you not only have the right to refuse to transfer but you can also bring a claim for unfair dismissal. One question would be if having to play at Ochilview and links park instead of at Celtic Park and Tynecastle with an impact on your footballing development and international prospects would be deemed a substantial change for the worse, my own opinion it would be, but that's irrelevant anyway at this stage as no one has yet talked about unfair dismissal claims, only refusing to transfer. Quote Link to post Share on other sites More sharing options...
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