@DevC said:
I am not sure that is quite right, marlow.
As I understand it, managers contracts are just legal contracts like any other. the devil is in the detail of terms that we cannot possibly know. they will vary from contract to contract.
Unless there are specific terms in the contract governing what happens when one or other party breaches the contract, then normal contract law applies. The club has breached the managers contract by firing him. He is entitled to be compensated for that loss.
The loss is his net loss though and he is obliged to take reasonable steps to mitigate that loss. So if he lost a job paying £80k with four years to go but got another one six months later on the same salary, his loss would only be £40k not £320k. If he didn't bother to search for another job, the court may assess that he is responsible for at least part of his financial loss and reduce his payout accordingly.
In practice it is managers and clubs interests to negotiate a settlement as soon as possible after departure and he may indeed use his "union" to do that on his behalf.
he is very unlikely to negotiate anything like the full salary in the remaining period of his contract (unless there is a specific clause to that effect) but length remaining remains a factor in that negotiation. if it wasn't why on earth would a manager sign a long contract.
Much the same applies the other way around when a new club wishes to poach an existing clubs manager. Length of contract is a factor but there is no prospect that the club will get the full salary value of his unexpired contract. Again why would a manager sign up for a clause that made it far less likely that he would be able to move upwards.
Devil is in the detail. We don't know the detail. We are guessing what compensation would be payable in the two scenarios I give.
My guess (and emphasise it is purely a guess) is that compensation in both cases is unlikely to reach six figures.
You’re right in terms of normal contract law Dev but that doesn’t apply to most English football league managers contracts as the LMA usually negotiate both the contract terms on hiring and also the exit terms.
There are reasons for the ambiguity in the termination and severance terms which are mostly tax related.
Football league managers contracts are just contracts, Marlow. It doesn't matter who writes them
Unless there are specific contract terms specifying what happens on breach, then contract law applies. If there are specific terms, then that is the agreement.
Depending on the wording of the contract, the first £30k of compensation may or may not be tax free for the individual. anything over that level is taxable. There is no difference for corporation tax (which rarely applies to football clubs at our level which usually have tax losses anyway)
Bloody hell, it’s all kicked off again! I’ve taken @Malone’s good advice and not read any of it. I scrolled and scrolled past reams of fast-moving blurred text. It was a great feeling.
For the sake of argument and bearing in mind none of us really know the details can we accept that, as I understand it,
a) Gareth has signed a new five year contract
b) the players we wanted re-signed have re-signed.
c) The Germans are out of the World Cup
d) League One football is but a few short weeks away?
There you go again. @Wendoverman , trying to cheer us up with unrelenting good news. You still haven't quite grasped basic Gasroom etiquette. I'm afraid.
Dev, your argument seems to be that no-one can have an opinion on the contract because we don't know the details of it, except for you, with your very lengthy opinion on it.
@Wendoverman said:
For the sake of argument and bearing in mind none of us really know the details can we accept that, as I understand it,
a) Gareth has signed a new five year contract
b) the players we wanted re-signed have re-signed.
c) The Germans are out of the World Cup
d) League One football is but a few short weeks away?
No we can't, don't be silly
a) Not worth the paper it's written on.
b) Trevor didn't want Bloomfield re-signed
c) The Germans will put an appeal in on the basis VAR is not legal and binding
d) All weeks comprise 7 days so there can't be any short ones.
Sorry everyone. I'll give it a go.
Their legs have gone.
He won't keep us up.
(Will that do?)
(I am preparing my eight page treatise as to the exact reasons, but I'm running it past my legal people before I post it in full.)
Comments
Christ on a bike.
You’re right in terms of normal contract law Dev but that doesn’t apply to most English football league managers contracts as the LMA usually negotiate both the contract terms on hiring and also the exit terms.
There are reasons for the ambiguity in the termination and severance terms which are mostly tax related.
Football league managers contracts are just contracts, Marlow. It doesn't matter who writes them
Unless there are specific contract terms specifying what happens on breach, then contract law applies. If there are specific terms, then that is the agreement.
Depending on the wording of the contract, the first £30k of compensation may or may not be tax free for the individual. anything over that level is taxable. There is no difference for corporation tax (which rarely applies to football clubs at our level which usually have tax losses anyway)
what @drcongo said.
Bloody hell, it’s all kicked off again! I’ve taken @Malone’s good advice and not read any of it. I scrolled and scrolled past reams of fast-moving blurred text. It was a great feeling.
For the sake of argument and bearing in mind none of us really know the details can we accept that, as I understand it,
a) Gareth has signed a new five year contract
b) the players we wanted re-signed have re-signed.
c) The Germans are out of the World Cup
d) League One football is but a few short weeks away?
There you go again. @Wendoverman , trying to cheer us up with unrelenting good news. You still haven't quite grasped basic Gasroom etiquette. I'm afraid.
Dev, your argument seems to be that no-one can have an opinion on the contract because we don't know the details of it, except for you, with your very lengthy opinion on it.
No we can't, don't be silly
a) Not worth the paper it's written on.
b) Trevor didn't want Bloomfield re-signed
c) The Germans will put an appeal in on the basis VAR is not legal and binding
d) All weeks comprise 7 days so there can't be any short ones.
Sorry everyone. I'll give it a go.
Their legs have gone.
He won't keep us up.
(Will that do?)
(I am preparing my eight page treatise as to the exact reasons, but I'm running it past my legal people before I post it in full.)
Could you show me where I have denied anyone the right to an opinion or to express it, Oxford.
I may have exercised my right to disagree with it and where the facts are wrong, to correct them.
Increasing gasroom and social media trend to prefer your reality over the reality.
Ho hum
That’s Mr Blue to you
Personally I for one think Ainsworth has earned another five year stint. Especially after his actions after the first five year deal.
I also think he has earned the right, so to speak, to get relegated and not be sacked.
If the season after that we struggle again, then there might be genuine questions asked.
The don’t believe with him at the helm we will be relegated however.
Great news
Fully agree @TheDancingYak, Sean Dyche being a good example of what can happen when clubs avoid making kneejerk reactions and build stability.
I'm with @TheDancingYak but don't let optimism for the way ahead dull anyone's need to carp.