legal issues

What were the legal issues the chairman was speaking about in his program notes?

 

andy ritchie allegedly sueing the club for unfair dismissal i heard

 

He can't sue if they paid his contract up in full.</p>

 

yes he can.

 

I think he will have had to lodge a claim within three months of the date of dismisal.

 

Oh yes he can nt

 

are your pants soiled Dave?



You are correct , but he may well have filed an ET1 form.

He won't be able to claim for wrongful dismissal at common law but will be able to make a statutory claim for unfair dismissal.

But who cares, we're safe!

yoooooooooo reds!

 

RE: are your pants soiled Dave?

Of course the're not.....hmmmm what's that wiff ????

 

unfair my arse. nt

 

Your Opinion and you are entitled to it

just like everyone else is entitled to theirs. Dont make them or you wrong tho`

 

the chairman said there were a few legal issues,some of which could have stopped the club remaining in the league,I can`t see Andy Ritchie getting the push causing that to happen..........

 

How does that work then?</p>

An employer does not have to provide you with work if they are still paying you.</p>

If the Ritchie contract was paid up in full I can't see what is unfair dismissal about it.</p>

It's a pity that Shepard didn't put a non-performance clause into Ritchies contract.</p>

 

is it pssible that someone could post up the text please

as I don't get a programme.</p>

Thanks</p>

</p>

Dave</p>

</p>

 

Its a pity that ritchie didnt put a clause in his too

Saying that he would be the ONLY person allowed to choose players

 

You cant let it go can you ,

Its in the past , we have stayed up and everyone is happy.

 

he's just annoyed

Because he and andy ritchie are both in the same line of work and while one of them is manager of a professional football league fotball club, the other reached the dizzy heights of coaching a college team.

 

Chairman's notes posted yesterday

http://www.barnsleyfc.org.uk/bbs/forums/thread-view.asp?tid=71143&posts=1#M447191

 

Why on earth would he do that?

His contract would have expired in July anyway and it was paid up in full by Cryne, there would be nothing more he would get for such an action than that anyway. Let's blame Ritchie for everything eh? (blagger)

 

and it's a pity he negotiates contracts with players that allow

them to walk away whenever they want! (blagger) </p>

Bottom 3 by Christmas.</p>

 

You stick to the coaching..

Trust me mate, you can claim for unfair dismissal despite having your contract paid up in full.

A claim in breach of contract is made at common law - its called wrongful dismissal, basically speaking all you can claim for is the amount that you are owed under your contract. So this will be your notice period as most contracts are "rolling" contracts.

However, if you have been employed for more than 1 years continuous service then you are entitled to claim for unfair dismissal, which is a statutory concept (this means it is incumbent on pretty much every emlpoyer in the land) . It includes a compensatory award, so you can not only claim for your wages under contract but additional damages.

However, you have to prove it - for which there is a test. The employer first of all has to show that there is a fair reason for dismissal - so BFC would argue capability (there are 5 fair reasons including conduct, capability and 3 others) - they then have to show that they acted reasonably. The employee would therefore be arguing that the emplyers response did not fall within the band of reasonable responses, whether or not this would be successful depends on the facts and a number of other reasons.