Hayes tribunal report from Scunny site

http://www.scnuthorpe-united.premiumtv.co.uk/page/News/AnnouncementsDetail/0,,10442~709811,00.html

On 6th September, Chairman, Steve Wharton, Brian Laws, Jamie Hammond and myself attended the Football League Appeals Committee hearing in Manchester to determine the amount of compensation to be paid by Barnsley following their signing of Paul Hayes on 1st. July. As Paul was under 24 years of age when his contract at Scnuthorpe came to an end, the Regulations of the Football League provide that, in the event that the 2 clubs cannot agree upon the amount of compensation, it is to be decided by the Appeals Committee.


In this case, the Appeals Committee consisted of:


Judge R. Reid QC - Chairman

T. Dolan - Nominee of the Institute of Football Management and Administration.

J. Bramhall - Nominee of the Professional Footballers' Association.

J.D. Dent - Nominee of the Football League.


Scnuthorpe United entrusted me with the task of presenting its case and I was ably assisted by the supportive evidence of Mr. Wharton and Brian Laws. Barnsley F.C. was represented by a team of lawyers led by solicitor Maurice Watkins, a former director of Manchester United.


The decision of the Appeals Committee in cases like this is not in any way based upon the value or amount that a club might expect to receive for a player as a "transfer fee" and hence, the Committee makes it clear that, in arriving at its decision, it will not take into account transfer fees that have been agreed for comparable players between clubs in a free trade situation.


In determining the compensation payable, the Regulations lay down the costs and criteria that the Appeals Committee shall take into account. These include the costs incurred by the transferring club in developing the player through its FootballAcademy or Centre of Excellence and any other costs incurred directly attributable to training and development of players. The criteria also include the status of the 2 clubs, age of the player, length of time with the transferring club, player's playing record, terms of contract offered to the player and the extent of definite and substantiated interest shown in the player by other clubs.


The procedure of the hearing was follows:


1.The Committee interviewed Paul Hayes in private after which he then left.

2.Both clubs, their representatives and witnesses jointly appeared before the Committee

3.Scnuthorpe United put forward its representations and evidence in support of its case

for compensation and answered questions put to it by the Committee.

4.Barnsley's solicitor was then invited to ask any questions of the Scnuthorpe witnesses

and to present the Barnsley case to limit the amount of compensation.

5.Scnuthorpe United was given the opportunity to respond to Barnsley's

representations and to sum up.

6.The members of the Appeal Committee retired to reach their decision in private.

7.The decision was communicated to both clubs.

The whole procedure took a little over 2 hours and the outcome was that Barnsley was ordered to pay Scnuthorpe United:-


1.An initial sum of £75,000

2.A further £25,000 when Paul has made 15 appearances

3.A further £25,000 when Paul has made 30 appearances

4A further £25,000 whenPaul has made 45 appearances


In addition, a 15% "sell on" provision was made.


We at Scnuthorpe valued Paul quite highly and during the failed negotiations between us and Barnsley, we had sought a higher level of compensation. Conversely, Barnsley's best offer had fallen well short of our valuation and, indeed proved to be well below that ultimately awarded by the Appeals Committee.


Taking into account the criteria on which the Appeals Committee must decide the level of compensation, we at Scnuthorpe consider the resultto be fair and reasonable and acknowledge that we were afforded a very fair hearing.


A great deal of time and effort was put into the preparation and presentation of our case and in addition to the Chairman, Brian Laws, and Jamie Hammond, I would also like to thank Associate Director, Mark Blackbourne, Assistant Secretary, David Beeby and former Chairman, Keith Wagstaff for their valued assistance.


Hopefully, this report will give our supporters and othersinterested in the affairs of Scnuthorpe United an insight into the mechanisms and procedures applicable to "Bosman" type situations and the basis upon which compensation in such cases is determined.


Rex Garton.


Vice Chairman.

 

Fair play to Scunny for putting that up. At a stroke it prevents ill informed debate and potential misunderstandings. Everyone can see for themselves just what has happened.

I for one, applaud Scnuthorpe United for entrusting their supporters with such information and for not trying to put any positive spin on it. Just the facts.