Green has no grounds to sue players says lawyer

[LeeWallaceRFC]

Green yesterday repeated his intention to take legal action against the players who walked out on the club this week – Steven Davis, Allan McGregor, Steven Naismith, Kyle Lafferty, Steven Whittaker, Sone Aluko, Jamie Ness, John Fleck and Rhys McCabe – and he said he would also pursue transfer fees from whichever club they join.

The chief executive described their actions as opportunistic while ex-player Sandy Jardine said they had shown "greed" in leaving the club as free agents instead of even staying for a short while and leaving for transfer fees.

Most of the players who have decided to stay will report for fitness tests at Murray Park as Rangers' pre-season training programme begins under coach Kenny McDowall this morning.

Carlos Bocanegra, Maurice Edu, Alejandro Bedoya and Dorin Goian will not turn up, having been given dispensation to arrive next week because of earlier international commitments, although it is believed all four will stay at the club. Neil Alexander, Kirk Broadfoot and Kyle Hutton will also stay. Fleck became the ninth player to confirm his departure yesterday. Juanma Ortiz was in talks with the club to secure a free transfer last night rather than necessarily objecting to his contract being transferred to the newco.

Despite Green's threat of court action, the players who have decided to leave have been advised that their departures are legally sound. Dutchman van Megen from FIFpro – the federation of international footballers' unions – said Green would inevitably lose any court cases against the departing players.

Van Megen worked with FIFPro and PFA Scotland on the Andy Webster freedom-of-contract case six years ago and said that because of TUPE (Transfer of Undertakings, Protection of Employment) legislation, the Rangers players could be entirely confident of winning in any legal challenge from Green.

"He has no grounds to do that," said van Megen. "Under the European Council [EU] directive, it's quite clear that it [TUPE] has to be implemented in all countries. The Council directive is in Scottish law. The Council directive itself has a specific clause that if you refuse to go to another entity then you are free to do so, because you are not obliged to stay against freedom of labour legislation. That has to be respected. Otherwise it would be modern slavery if you were obliged to move from one entity to another.

"There is no prospect of the players being frozen out of football [pending any court cases]. They are professional footballers and the labour agreement takes precedence at stages over football regulations.

"I won't be surprised if Rangers do challenge the lawyers, because sometimes the issue pops up and clubs do challenge it. But I don't think it would be a wise decision. The players can be quite confident that they can't be forced to join the new entity."

Those who have walked out on the club were criticised by Green. "I'm very, very disappointed of course, particularly so late in the proceedings," he said. "It is clear in the regulations: if someone has an objection they have to notify within 24 hours, this is nearly two weeks [since the transfer of contracts to his newco]. I think this is just opportunism. We will definitely challenge it, yes."

http://www.heraldscotland.com/sport/football/green-has-no-grounds-to-sue-players-says-lawyer.17998385?

[Non_Sucumbi]

That's one person's opinion.

Put 10 lawyers in a room. Pose a legal question.

Expect 15 different and conflicting answers.

[Bluepeter9]

Lets see - Legal Law - football law - so NOW its OK for legal law to take precedence?

Oh and the PLAYERS Union lawyer said this.

Put 2 lawyers in a room get 3 opinions.

Green may be wrong but the players have been morrally weak in the way they have done it - coming back to the club and then asking for a transfer - even demanding one - that would have been a bit more supportive BUT I suppose when it comes to making money doing the right thing is down the list.

(I like the way Ortiz is handling it - wants to leave - doing so in cooperation with he club!)

[californiadreamin52]

Just another paper trying to blow smoke up our arses

[Carsons Dog]

50% of lawyers are proved wrong

[nelsonRFC82]

What struck me most about that article (if accurate); most of our Scottish & British players, some even claiming to be Rangers men, have jumped ship at the first opportunity whereas our foreign players seem to have afforded the club and fans a bit more respect! Now I don't expect Boca to be playing with us if we are in Div 3, but at least, it seems, he is willing to let the club sort out these issues first and then take stock of his own position.

[Bad Robot]

until this is settled were going to have opinions pushed out on both sides but mostly done by the media outlets as its means more papers being sold or more hits on websites.

[Ricky_]

"modern day slavery"

This guys has had too many doobies

[Govan Front 78]

The "24hrs notice of objection to contracts being transferred to the new company" line has me wondering though, guess we'll just have to wait & see if it's true - clearly suggests that if players haven't given written notice of objection within 24hrs they'll be up shit creek re. breach of contract??