Jump to content

PFA Statement


Blue Forever

Recommended Posts

PFA Scotland wishes to clarify the situation with regard to the Protective Award claim referred to in the Rangers International Football Club share prospectus. There has been a reaction to the matter becoming public and it is important that PFA Scotland’s position is clearly set out to prevent any further misunderstandings.

For the avoidance of doubt, the claim for a Protective Award has been raised in the name of PFA Scotland only. It is one legal claim and has not been lodged in the name of any Player let alone some 67 individual Players as has been reported.

It is quite simply inaccurate therefore to suggest that PFA Scotland has acted here without instructions. PFA Scotland does not require instructions to raise a court action in its own name. PFA Scotland regularly represents its members as a collective – for example when speaking to the football governing bodies.

It is also important to clarify the legal basis of the claim. The law places an obligation on employers to collectively consult with trade unions/employee representatives in advance of a TUPE transfer and trade unions/ employee representatives regularly litigate such claims before Employment Tribunals.

In this instance PFA Scotland was so sufficiently concerned about the lack of communication from Duff and Phelps prior to any proposed TUPE transfer that correspondence was sent on 5th April 2012 reminding them of the Players’ rights under the TUPE legislation and recommending that these rights be highlighted to any potential buyers. This was again highlighted in the media later that month. Unfortunately, Duff and Phelps failed to enter into any consultation whatsoever with the Players and PFA Scotland.

It may be that no player will pursue this. That will simply be a matter for each Player and in fact many of the Players have already stated that they will waive any such entitlement. It must be stressed that the motive for PFA Scotland in pursuing this claim has never been financial.

As well as being a response to the SFA Arbitration claims, the Protective Award claim involves an important point of principle since our rights as representatives of the Players were wholly disregarded by those involved in the TUPE transfer.

PFA Scotland instructed our Solicitors to write to the Solicitors for the Administrators and Rangers newco on 19th July 2012 stating that whilst PFA Scotland had the right to lodge a Protective Award claim it had no desire to do so and would abandon the claim provided certain undertakings were given including withdrawal of the SFA Arbitration.

The offer to withdraw the Protective Award claim still stands in the event of the SFA breach of contract proceedings being withdrawn against our members.

Once the SFA arbitration process and Protective Award proceedings are complete we will as always take direct instructions from individual members.

http://pfascotland.co.uk/2012/news/statement-on-protective-award-claim/

Link to post
Share on other sites

The media didn't lie they quoted the share prospectus as far as I'm aware. The PFA must have indicated to Rangers that the claim was for up to 67 players. If successful each of the 67 can choose whether to take the cash or let it slide.

That's my understanding m8 they only quoted what was on the prospectus, however the papers did indicate that it was the players taking action and calling them rebels

You'd think they could have questioned the PFA before making wild speculations

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Upcoming Events

    No upcoming events found
×
×
  • Create New...