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Pre-season and Perpignan – Awaydays on 20:53 - Jul 30 by A40Bosh
Kensal, I think that there is most likely a middle ground between what you are Jon are saying.
I would be very surprised that in the top four leagues of the English game and probably elsewhere that the agents and solicitors involved in contracts for managers would allow a restraint of trade clause to be embedded in a manager’s contract - probably more so now than ever before because a manager is more likely to be sacked these days rather than move on - especially the premier league. I suspect that there is wording in the contract that covers the event that a manager initiates the termination of their own contract to move elsewhere that ensures that any move to an alternate employer results in compensation for the club in the same way most managers probably are not just “sacked” with one weeks notice and have a large percentage of their outstanding contract paid off over a period of time.
Which, I suspect, is exactly why there is an information embargo on Senor Cifuentes exit from the club. It is clear we got money from Leicester /Marti but it has been known for a number of months that Leicester City would be a direct competitor (to the extent that we will both be in the same league) this season.
Your other point about managers disappearing for a period before being reappointed I put down more to the fact that the kind of money they are on allows them to just lick their wounds, go home and spend time with the family and annoy the Mrs for a couple of months and then decide to get off their arse and start looking for a new job.
With respect, you're doing a lot of guesswork there.
The whole point of a restraint of trade clause is to protect an employer from losing a highly qualified sought after employee to a competitor.
So it would be very much in the interest of all football clubs to insist on them.
Otherwise you're going to look very silly if the bloke you sack ends up keeping one of your rivals up while you go down. (Try explaining that decision at a fans forum) :-)
The link I posted before sets out the legal position regarding restraint of trade, gardening leave, and finally how the two can be used in combination for a period up to 12 months.
In reality agents and managers will probably say that if you're that desperate to keep us then you have to pay top dollar for our services. So it isn't all bad news for the poor old manager.
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Pre-season and Perpignan – Awaydays on 23:15 - Jul 30 with 461 views
Pre-season and Perpignan – Awaydays on 21:20 - Jul 30 by KensalT
With respect, you're doing a lot of guesswork there.
The whole point of a restraint of trade clause is to protect an employer from losing a highly qualified sought after employee to a competitor.
So it would be very much in the interest of all football clubs to insist on them.
Otherwise you're going to look very silly if the bloke you sack ends up keeping one of your rivals up while you go down. (Try explaining that decision at a fans forum) :-)
The link I posted before sets out the legal position regarding restraint of trade, gardening leave, and finally how the two can be used in combination for a period up to 12 months.
In reality agents and managers will probably say that if you're that desperate to keep us then you have to pay top dollar for our services. So it isn't all bad news for the poor old manager.
So taking your argument at face value you are saying that Beale was able to F off straight to Glasgow Rangers because they are not a direct competitor of QPR - as they are in a different league - so he moved mid season and took up the new position straight away?
Whereas when he was talking to WBA 6 weeks before, our legal team once we caught wind of it reminded him that he had a 12 mth non compete clause so he backed down and started talking about loyalty and staying to see the job through?
I don’t buy that.
I am not saying that clubs don’t have some clause in there - I have such a clause in my own management contract at work - but realistically it is very difficult to make it stand up in court because I cannot reasonably be expected to retrain as a plumber at age 57 after 30 years in the card payments industry.
I don’t know for sure but at the end of the day if a manager wants to leave a club, the club will take steps to protect their investment but it is about comp and not stopping working for 12mths.
Probably not an exact science though as some do seem to be out of work for a while after a mutual agreement part ways
Pre-season and Perpignan – Awaydays on 23:15 - Jul 30 by A40Bosh
So taking your argument at face value you are saying that Beale was able to F off straight to Glasgow Rangers because they are not a direct competitor of QPR - as they are in a different league - so he moved mid season and took up the new position straight away?
Whereas when he was talking to WBA 6 weeks before, our legal team once we caught wind of it reminded him that he had a 12 mth non compete clause so he backed down and started talking about loyalty and staying to see the job through?
I don’t buy that.
I am not saying that clubs don’t have some clause in there - I have such a clause in my own management contract at work - but realistically it is very difficult to make it stand up in court because I cannot reasonably be expected to retrain as a plumber at age 57 after 30 years in the card payments industry.
I don’t know for sure but at the end of the day if a manager wants to leave a club, the club will take steps to protect their investment but it is about comp and not stopping working for 12mths.
Probably not an exact science though as some do seem to be out of work for a while after a mutual agreement part ways
No, that's not exactly what I'm saying.
If it went to court then a reasonableness test would be applied .
So in Beale's case, joining a Scottish football doesn't escape the restraint of trade clause because it's the same industry. But it is a completely different league so Beale and Rangers could argue that it would be unreasonable to block that move for twelve months. But it could still be held up for long enough to stop managers and clubs trying it.
But if Beale quit football to become a plumber, which might not be a bad option for him, then there's not much any football club could do to prevent it.
Let me put it a different way using a hypothetical example.
If I understand Jon's argument correctly he is saying that once a manager is sacked then he is out the door and there is nothing his previous club can do to prevent him joining another club or demanding compensation.
(Apologies if I've got that wrong but it's the premise I'm going to run with.)
A new season is just around the corner and we all know that once we get to October struggling clubs will start binning their managers.
Let's say for the sake of argument that Yanited's crap form continues into next season and they bin Amorim.
Let's also say for the sake of argument that Sunderland get off to a flier and Regis Le Bris is suddenly a hot property.
Yanited decide they want Regis but Sunderland aren't going to let him go at any price, even if the manager says he wants to go.
If I were Yanited or Le Bris' agent I would quietly suggest he do something so gross and public that Sunderland had no choice but to sack him.
A threesome in the centre circle of The Stadium of Light with a couple of Rooney's grannies wearing Newcastle shirts ought to do the job.
By Jon's logic, if Sunderland sacked him for that he would be able to walk straight into Old Trafford with no compo going the other way.
The fact we have restraint of trade clauses is what stops highly valued wantaway employees getting themselves sacked and walking into a bigger or better paid job the next day.
A restraint of trade clause means they can't pull that stunt.
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Pre-season and Perpignan – Awaydays on 07:26 - Jul 31 with 368 views
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