From inbrief Are there restrictions placed upon a club gaining their services in these situations? The manager does not have a contract with another football club In this situation there is no restriction whatsoever on a club appointing a manager. If the manager does not have a contract with another football club he is free to sign a contract with whichever club he wishes. The manager is under contract with another football club It is this situation which can cause the most conflict as is often a scenario which comes into play when a club wishes to appoint a highly sought after manager. The small group of real high profile managers will in most instances be employed with a club, so if another club wishes to gain their services they will have to pay the price. Do clubs have to pay a transfer fee for a manager for a manager who moves clubs in this manner? If a football player under contract were to move in this manner the clubs would pay a transfer fee – the terms of which will be agreed upon by the two clubs. For a manager to move there is no specific transfer fee but the clubs do have to come to an arrangement. What kind of arrangement? The club who gains the services of the manager will be required to pay a fee to compensate the club who is losing the manager. The amount of compensation is a matter which will be agreed between the two clubs. What is this compensation for? When the manager leaves the club to which he was originally contracted he will be deemed to have terminated his contract early (a breach of the contract) meaning that the club will need to be compensated for this loss. What happens if the clubs cannot agree an adequate amount of compensation? If the manager moves between clubs and the clubs cannot agree on an adequate amount of compensation then due to the early termination of the contract the original club will be able to bring the following claims: Breach of contract – by the manager Inducement to breach the contract – by the club obtaining his services It is likely that both these claims are to be heard by a disciplinary tribunal which will decide on the adequate amount of compensation to be paid. The manager has just recently been dismissed from another football club In some cases when a manager has recently been dismissed from a football club he will become a free agent and can move as in the first scenario. However, in some instances a manager will be put under gardening leave by the club losing his services meaning he will not be able to move to another club for a specified time period.
Isn't compensation for something you are losing out on, Stendel was not carrying out any function for us, he also has gone to a club in a different league - what are we claiming compensation for exactly? I can understand if we are pursuing Daniel for breach of contract and perhaps compensation for having to appoint a new coaching team? but what compensation do we pursue Hearts for? What costs/damages have they caused us by employing a guy that isn’t doing anything for us?
Correct however as I understand it, for inducement to breach contract to occur it must be proven that the signing club knew that the manager was under contract. Also I was thinking more in relation to Huddersfield than hearts (though I see how it works for both) in that stendel didn't actually sign for Huddersfield so did they actually do anything wrong? I can find a premier League rule banning a club from talking to a contracted manager but so far haven't found one for the EFL. Could explain why Huddersfield aren't named
Conway told them he was under contract so IF that is correct they knew. I think it just comes down to the definition of garden leave in this instance. Just using that last paragraph as an example, let’s say BFC said 2 months, Hearts wait 2 months and then sign, thinking they have kept outside of his contract terms BUT BFC believe because the talks started earlier than that they are entitled to something. Now in that example I would have thought Hearts are right, but maybe a legal eagle could argue otherwise, who knows?
What about if Daniel had signed an employment contract with hearts before they received the letter and the finer details have only been agreed after that? I'm no expert obviously it just seems quite interesting to me
if this has been asked before I apologise - I thought that with 'gardening leave' you continued to receive the same pay and worked to the same conditions it's just that you had to stay at home. So it would appear that an important question is when did BFC stop paying DS - as long as he was paid by them then he was a BFC employee - I think!
He was given a two year contract when he came, so presumably we were having to pay him until May 2020.
