"Posted by: goodyntu Posted on: Today at 06:25:25 PM
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I hear Fenty says we have no right to compensation as they both resigned, but then why do other clubs pay compensation to other clubs when appointing managers. Surely rather than paying an X amount, why do they not get the prospective manager to just resign and save them money, like Grimsby have tried. There must be a clause that prevents this, which i'm sure DN is working on trying to find. I can see this dragging on for a while. "
The following information taken from this website:
http://www.inbrief.co.uk/football-law/managers-moving-clubs.htmThe 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.
I hope that David Newton doesn't back down and continues with the claim for compensation.