Palmer is staying

[Dubbag]

Correct mate……it’s a contract, it works both ways.

That said, any club can make things very uncomfortable for a player they want out especially if they need the incoming fee.

Thanks for clarifying that Mick....

[On Balance]

Thanks for clarifying that Mick....

If any employer makes life difficult for an employee, just because they don’t want them, it may amount to constructive dismissal.

Any employer would know this and would, given the correct legal advice, be mindful of this fact.

West Bromwich Albion would be most unlikely to put themselves in the position whereby, they may find themselves facing a tribunal for unfair dismissal.

[mickd1961]

If any employer makes life difficult for an employee, just because they don’t want them, it may amount to constructive dismissal.

Any employer would know this and would, given the correct legal advice, be mindful of this fact.

West Bromwich Albion would be most unlikely to put themselves in the position whereby, they may find themselves facing a tribunal for unfair dismissal.

You’re being obtuse just for the sake of it, you know exactly what I mean!

A player can be “distanced” by a manager and hierarchy.

Look at the way Bale was treated at Real Madrid for example, he was a world class player who Zidane didn’t want and the fans didn’t want and they just sidelined him.

Gary Megson did the same with Luke Marshall and Jason Roberts, he had both training with the kids when he fell out with them.

Because players are under contract the club can train them and play them as they see fit, if you can afford to or if you just want to you can make a players life pretty miserable and there’s nothing that any tribunal can do about it.

As long as they pay their wages then it’s up to them.

This is exactly why the Bosman rule came in, clubs could refuse to let a player who wanted to leave a club actually leave even at the end of their contract without a transfer fee.

Most of us can recall instances of players being “left to rot in the reserves”……….no tribunal will ever stop that.

[On Balance]

You’re being obtuse just for the sake of it, you know exactly what I mean!

A player can be “distanced” by a manager and hierarchy.

Look at the way Bale was treated at Real Madrid for example, he was a world class player who Zidane didn’t want and the fans didn’t want and they just sidelined him.

Gary Megson did the same with Luke Marshall and Jason Roberts, he had both training with the kids when he fell out with them.

Because players are under contract the club can train them and play them as they see fit, if you can afford to or if you just want to you can make a players life pretty miserable and there’s nothing that any tribunal can do about it.

As long as they pay their wages then it’s up to them.

This is exactly why the Bosman rule came in, clubs could refuse to let a player who wanted to leave a club actually leave even at the end of their contract without a transfer fee.

Most of us can recall instances of players being “left to rot in the reserves”……….no tribunal will ever stop that.

Quite right. You should perhaps be more clear in your posts.

However my point stands. If a club, which is what you said in your post no 20, so that is what you were stating, makes it difficult for an individual then that individual may have a case of unfair dismissal by cause of being constructively dismissed.

If anyone is obtuse it is you. You find fault with nearly every post I make.

I take no issue with you, however, you appear to have to put me down at every opportunity, without good reason. Why I have no idea. We all differ in opinions, hopefully going forward you are able to accept that and gracefully leave it there.

[Calgarybaggy]

Quite right. You should perhaps be more clear in your posts.

However my point stands. If a club, which is what you said in your post no 20, so that is what you were stating, makes it difficult for an individual then that individual may have a case of unfair dismissal by cause of being constructively dismissed.

If anyone is obtuse it is you. You find fault with nearly every post I make.

I take no issue with you, however, you appear to have to put me down at every opportunity, without good reason. Why I have no idea. We all differ in opinions, hopefully going forward you are able to accept that and gracefully leave it there.

I'm not sure that football player contracts are employment contracts. They are more like independent contractor contracts where the contract is for specific period of time for specific services. You can build into those contracts terms that you might not otherwise get away with in an employment contract. Even if they are employment contracts, I would like to bet that the clubs and the players both cover off any of these possibilities with wording such as "you will play on whatever team in our system we ask you to play on and train with whichever group we ask you to train with as long as we still keep paying you your contractual payments" otherwise every time a player gets dropped from the first team he could walk away and play for another team on the basis of constructive dismissal (or breach of contract) and you just do not see that happen.

[mickd1961]

Quite right. You should perhaps be more clear in your posts.

However my point stands. If a club, which is what you said in your post no 20, so that is what you were stating, makes it difficult for an individual then that individual may have a case of unfair dismissal by cause of being constructively dismissed.

If anyone is obtuse it is you. You find fault with nearly every post I make.

I take no issue with you, however, you appear to have to put me down at every opportunity, without good reason. Why I have no idea. We all differ in opinions, hopefully going forward you are able to accept that and gracefully leave it there.

It’s you that’s continually nit picking, once again, it was you who made the first move at trying to pick my post apart…..THIS is the common theme, it’s you that starts this.

Perhaps you can give us all an example or two of a player taking his club to a tribunal for unfair dismissal?

You’re seemingly wanting to make this such a big issue, give some examples.

Constructive dismissal is commonplace in a regular workplace, I’m sure we’ve all seen it down the years or heard of it through friend’s experiences at work and friends of friends.

I worked at a few places where life became uncomfortable for people who’s faces didn’t fit, I once myself got “fitted up” by a manager who didn’t like me as I’ve eluded to in here previously.

Thanks to help from my late dad I was able to turn the tables on the vermin that did that to me and his own career came to a screeching halt once he was outed for his bad practices.

My point remains this OB…….if a club wants a player gone and that player refuses a transfer then it’s easy to “overlook” that player.

Nobody can prove anything if the manager is on board with the decision.

I presume you’re old enough to remember Jason Roberts?

Megson sent him and Lee Marshall “to Coventry” when he wanted them gone.

Allegedly with Marshall it was because he’d taken a fancy to Gary’s missus so the rumours go.

[Dubbag]

I'm not sure that football player contracts are employment contracts. They are more like independent contractor contracts where the contract is for specific period of time for specific services. You can build into those contracts terms that you might not otherwise get away with in an employment contract. Even if they are employment contracts, I would like to bet that the clubs and the players both cover off any of these possibilities with wording such as "you will play on whatever team in our system we ask you to play on and train with whichever group we ask you to train with as long as we still keep paying you your contractual payments" otherwise every time a player gets dropped from the first team he could walk away and play for another team on the basis of constructive dismissal (or breach of contract) and you just do not see that happen.

Clear.
So in effect football contracts are not worth anything because a clause usually is inserted about money above a certain point been introduced for a player to talk to another interested party.
An example would be O' Shea recently. No bid below a certain level for him unless it suits.

[On Balance]

It’s you that’s continually nit picking, once again, it was you who made the first move at trying to pick my post apart…..THIS is the common theme, it’s you that starts this.

Perhaps you can give us all an example or two of a player taking his club to a tribunal for unfair dismissal?

You’re seemingly wanting to make this such a big issue, give some examples.

Constructive dismissal is commonplace in a regular workplace, I’m sure we’ve all seen it down the years or heard of it through friend’s experiences at work and friends of friends.

I worked at a few places where life became uncomfortable for people who’s faces didn’t fit, I once myself got “fitted up” by a manager who didn’t like me as I’ve eluded to in here previously.

Thanks to help from my late dad I was able to turn the tables on the vermin that did that to me and his own career came to a screeching halt once he was outed for his bad practices.

My point remains this OB…….if a club wants a player gone and that player refuses a transfer then it’s easy to “overlook” that player.

Nobody can prove anything if the manager is on board with the decision.

I presume you’re old enough to remember Jason Roberts?

Megson sent him and Lee Marshall “to Coventry” when he wanted them gone.

Allegedly with Marshall it was because he’d taken a fancy to Gary’s missus so the rumours go.

Mick, where did I say you nit pick?

As I said in the first sentence of my last post (at 25) ‘Quite right, you should perhaps be more clear in your posts.’

‘Quite right,’ means that I was in agreement or at least partial agreement with what you wrote.

Read the attached link. It’s a little lengthy, but it saves me the bother of fully explaining what I mean. It covers whether a player can take the constructive dismissal route and the reasons why it is unlikely.

Further, and slightly different, but perhaps relevant, football club managers, doctors and even chefs, have taken the constructive dismissal route. It’s an option open to all employees no matter what area they work in.

https://theathletic.com/2156374/2020...uctive-breach/

[baggiematt]

Constructive dismissal isn’t really a thing for footballers. It’s well known in the implied contract that a footballer can be in and out of the team and train with reserves if not wanted. Mbappe has just had that threat from PSG.

It could be the case if someone raises bullying or discrimination and it’s not addressed for example. But not because the club don’t want them. That’s why you don’t see it in football as it’s just part and parcel of the game.

[mickd1961]

Constructive dismissal isn’t really a thing for footballers. It’s well known in the implied contract that a footballer can be in and out of the team and train with reserves if not wanted. Mbappe has just had that threat from PSG.

It could be the case if someone raises bullying or discrimination and it’s not addressed for example. But not because the club don’t want them. That’s why you don’t see it in football as it’s just part and parcel of the game.

Spot on Matt, better explanation than my own.