Sunday, 24 June 2012

Employment Dilemas and football

I see yet another two Ranger's stalwarts are not interested in their new conditions of employment enforced by the 'newco' and are looking to do a bunk:

Buying a business that is being liquidated

In circumstances where a company buys a business that is being
liquidated or where the employer is being sequestrated, the
company is bought in order to prevent it from being liquidated, in this event the employees’ contracts of employment can be transferred to the new owner without the consent of the employees.

Unless otherwise agreed, the new employer automatically
substitutes the old employer in all contracts of employment.

However, all the rights and obligations between the old employer
and each employee at the time of the transfer, remain the rights and obligations between the old employer and each employee.

Anything done before the transfer in respect of each employee is
considered to have been done by the old employer.

I do not know how Green thinks he can 'win' this one by claiming temporary changes to contract conditions agreed by Rangers FC Ltd and the playing staff to try and keep the club in business until the end of the season are fixed for the newco. Especially as part of the 'temporary agreement' was the players who took these wage cuts would be free agents at the end of the season, if the club went into liquidation.

In Green trying to enforce this 'temporary agreement' as a full and proper contract the players must be able to consider themselves constructively dismissed by the newco because it does not reflect their actual terms and condition of employment with Rangers in its previous form.

The other thought that crosses my mind has to do with whether the contracts are ones of direct employment or can be construed as subcontracts via the player's agent - which they would need to have been to play the tax avoidance game Rangers were playing. If it is legally construed as the latter style of contract then Green can not stop them for taking up work elsewhere as Green would seen as constraining the player's right to work and earn a living in his chosen craft or profession.

If Green fails to get the backing of the SPL to let the newco into their league - and given the other club's fans growing opposition to any such fix and a number of SPL Chairman already declaring they can not support Rangers newco's entry in response to their supporters concerns - which is looking increasingly unlikely, just how can Green force players to stay at what will become a SFL third division club, contract or no contract?

I truly hope that BDO look further back than just Whyte's tenure to the longstanding 'Mafia' style running of the club because I believe the previous chair and his board have a lot to answer for.

The SFA will not like what will come out but as sure as eggs are eggs there will be one or two board members there who have turned a blind eye to what was going on. Scottish Football supporters deserve to have the Augean Stables of fiscal malfeance at their clubs brought out into the open once and for all.

No comments:

Post a Comment