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


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I have checked the Prospectus and these are the relevant passages (sorry for a long Post).

Rangers International Football Club plc

Prospectus, pages 105 & 106

11. Litigation

11.3

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.

The 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.

PART XIV

DEFINITIONS (some), pages 117 to 121

APA

the agreement for the acquisition of the business and assets of

the Club from RFC 2012 plc as summarised at paragraph 12.1.1

of Part XIII of this document

Company

Rangers International Football Club plc, a public limited company

incorporated in Scotland under the Companies Act 2006 with

registered number SC437060

Rangers Group or Group

the Company and all subsidiary undertakings of the Company

from time to time, and specifically as enlarged by the Acquisition

of RFCL and all its subsidiary undertakings

RFCL

means The Rangers Football Club Limited a private limited

Company incorporated in Scotland under the Companies Act

2006 with registered number SC425159 which acquired the

business and assets of the Club from RFC 2012 plc

RFCL Group

RFCL and all other subsidiary undertakings of RFCL from time to time

RFC 2012 plc

means RFC 2012 plc (in liquidation), a company incorporated in

Scotland with company number SC004276 whose registered

office is at Ibrox Stadium, Glasgow, G51 2XD and which was

formerly known as the Rangers Football Club plc

TUPE

Transfer of Undertakings (Protection of Employment) Regulations 2006

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Who is representing or advising the PFA? Is it a law firm conversant with such matters on this scale?

Maybe a connection with someone familiar with tribunals and really going out their way to cause bother?

On another probably unrelated point. Didn't Murray or someone mention that leaked informations on EBT's could have come from tribunal services? Unconnected?

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You don't supose this is anything to do with the, dare i say it, BTC and HMRC's threat to go after the players who participated to try and make them pay anything 'owed' - i've not seen the prospectus so i don't know the wording regarding what this is all about - going by the number of players etc shown they might be making a claim against the club stating that they weren't 'informed or properly consulted' about the in's and out's of the EBT scheme (but, again, this throws it all back to the 'oldco' and is nowt to do with CG and the current setup).

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You don't supose this is anything to do with the, dare i say it, BTC and HMRC's threat to go after the players who participated to try and make them pay anything 'owed' - i've not seen the prospectus so i don't know the wording regarding what this is all about - going by the number of players etc shown they might be making a claim against the club stating that they weren't 'informed or properly consulted' about the in's and out's of the EBT scheme (but, again, this throws it all back to the 'oldco' and is nowt to do with CG and the current setup).

It's got nothing to do with TBTC. It's to do when Charles Green 1st took over and players not transferring over.

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Sone aluko's innocent!!! This better not destroy he's rep. He tweeted on the day of our 140th how much he wished he could be their to join in the celebrations and I don't believe for a minute he'd ever knowingly harm rangers

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Sone aluko's innocent!!! This better not destroy he's rep. He tweeted on the day of our 140th how much he wished he could be their to join in the celebrations and I don't believe for a minute he'd ever knowingly harm rangers

So did Rhys Mccabe :rolleyes:

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It looks like the players union is trying to cover it's arse by making counterclaims.

As far as I can see none of the players know anything about it, even Aluko tweeted that he knew nothing.

The 67 could include anyone who was registered with the PFA working at the club (could Ally still be a member?)

It's what unions do when they're threatened with damages, count the numbers then claim on their behalf.

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Think we best hang fire before we prepare the firing squad for certain ex players. It appears that many players don't have a clue about the claims. I don't believe for 1 minute that Aluko, for instance, would do such a thing & yet he's being hung out to dry in the first few pages on here. 1 by 1 current and ex players are pleading ignorance on twitter and I happen to believe them. Really not convinced about these claims.

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Five former Rangers players have launched legal action against the Ibrox club for 'constructive dismissal' during the turbulent battle for survival in the summer.

Steven Naismith and Steven Whittaker have joined Kyle Lafferty, Sone Aluko and Jamie Ness in taking newco Rangers to an employment tribunal over the circumstances that led them to leave the club.

The players had exercised what they believed to be their right to leave under Transfer of Undertakings Protection of Employment (TUPE) legislation after the Rangers oldco folded following the mismanagement of disgraced former owner Craig Whyte.

Ibrox chief executive Charles Green has always maintained that by not transferring their contracts to the newco, the players were acting outwith football's legal framework when they walked out over the summer.

He sought to block their moves, but Naismith left for Everton, Lafferty joined Swiss side Sion, Whittaker signed for Norwich, Aluko moved to Hull City, and Ness signed on at Stoke.

In a bid to collect £1.5million for Goodison forward Naismith, however, Green previously launched legal action against the five transferring their registrations - with those cases set to be arbitrated by the SFA in the New Year.

The latest move is a clear indication the players are biting back, with their legal action against Rangers potentially damaging to the Third Division club.

Much of the detail was revealed within the share prospectus launched last week, although Whittaker's and Naismith's decision is a new development.

Rangers insisted they will defend the claim and stated in the prospectus: 'They claim constructive dismissal. (Rangers Football Club Ltd) 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.'

Rangers believe the claims have been made 'for tactical purposes' relating to the dispute over the transfer of their registration.

Meanwhile, news that 67 unnamed current and former Rangers players are involved in legal action against the club has been played down by a senior source as a 'red herring'.

The development came to light only yesterday despite also being included in the Ibrox share prospectus. It relates to the transfer of player contracts between the oldco and newco Rangers after the sale of the club's assets to Green's consortium.

The action, relating to a failure by Rangers to 'inform and consult', was launched in the summer. Sportsmail understands, however, that players who have since signed new deals at Rangers, such as captain Lee McCulloch, have waived their right to mount a challenge.

McCulloch took to Twitter last night to say: 'For everyone asking, I'm not involved in the 67 people and if my name is there it will be getting taken off.'

Bolton's Gregg Wylde, who is on loan at Bury, also said he was not involved. In the prospectus, the Ibrox club challenged PFA Scotland's right to bring a claim on behalf of those 67 players.

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The 5 amigos can take a hike. I can't see how they can claim much as they all got new contracts PDQ. As stated in the IPO prospectus, they are all on good salaries and probably more than they were getting with us. Difficult to claim a loss of whatever if you are now getting the same or more. Lafferty said he was wanting to go anyway.

As for 67 players, some appear to know nothing about this. It appears that the claim has been raised by the SPFA and includes current players??? I suspect that any current player will get this dropped. Many of the young players who were made redundant will be included in the list. Actually it looks like it is every player signed over 16 or whenever you can sign professional forms. The claim is against the oldco as well as RFC.

The whole thing is likely to amount to very little in the grand scheme of things for RFC.

Much ado about (almost) nothing.

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Main downside to this is that all the Celtic supporting tax experts at work are suddenly going to become experts on employment law.

At least it gives them a reason to live and something to do....probably find crime will be down as a result...Cant wait for the anonymous Rangers Players Dispute blog to spring up...

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Any former employee who sues Rangers Football Club should be metaphorically stoned to death, hung, drawn and quartered and their remains shat upon by a herd of AIDS-riddled fucking wildebeest.

Dirty, greedy rat-bag bastards.

Why don't you come off the fence and tell us what you really think?

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