At the regular meeting of the Sevco High Command this morning a serious professional related a sombre legal opinion.
He was heard out, and the disembodied voice from South Africa suggested that the Holding Company Vehicle should go for mediation for the tribunal route.
Essentially to buy time.
One the other side the Ibrox Three have been advised to go in hard and fast.
Fully lawyered up straight, to court with no informal sit-downs.
I’m told that Mr David Weir is probably the most steadfast of the trio who, cough, “resigned”.
If he gets his day in court, I doubt that he will shirk any evidential challenge.
My information is that the representative of the Admirable Warburton will say under oath that he never mentions the “R” word.
However, I wouldn’t be surprised if several members of the Sevco High Command have very different recollections of those events
Of course, it would clear up any misunderstandings of those meetings had been taped.
That’s just a thought.
Merely idle speculation on my part you understand dear reader.
For the avoidance of doubt, I am very certain that is Mr Stewart Robertson finds himself in the witness box then he will play it straight down the middle.
I understand that the Admirable Warburton is looking for his full contract to be paid up plus the disputed bonuses from last season.
Not surprisingly Mr David Cunningham King has very different view of what the ex-Brentford supremo is owed from his season in the Championship.
If the Holding Company Vehicle loses this case, then the entire bill for the Ibrox Three could be over £2m.
I’m told that the ex-City trader has engaged a very formidable legal team for this dispute.
This week the only serious professional in the Sevco High Command spoke with a lawyer that he personally knows and trusts.
My information is that the pro bono advice he was given was sobering.
Given that The People are fond of military analogies the legal advice could be characterised as:
I wouldn’t go over the top on this one matey!
On the other side, the Ibrox Three believe that they have a very strong case and they have been advised of that by their well-regarded legal team.
So today the Sevco High Command listened to this legal opinion.
They were then reminded by the serious professional that the Holding Company vehicle doesn’t have the money to fund a legal defence.
Apart from that, they’re fine.
Nothing to worry about at all.
I’d like to predict getting rid of Warburton is the biggest mistake sevco will ever make
He worked wonders with the rubbish he had.
Now he’s gone.
Murty’s men might get 5th
Time is of the essence. Warburton’s lawyer must get a judge to agree to ring fencing his $2,000,000 before the players get paid. Expect legal action as soon as Monday. There is not $2M in the current account and failure to comply with court order could mean administration in less than 72 hrs.
Wouldn’t they be better waiting for kings over investment cash ( aka season ticket sales to south side ejiits) to arrive?
So Warby’s bread has turned to toast
King of all dismissals
And Bomber of the Rangers ghost
Is spotted chewing thistles
Only in the Scottish game
Could such a club exist
Where liquidation clears your debt
And history persists
Their Kulchur simply must preserve
Indeed, more so than ever
Result?-they got what they deserve
Next title? – maybe never
McLeish, De Boer or shellsuit Barry
Jabba calls upon the force
“Someone get me Mr Farry”
While knocking back his third main course
Ice cream jelly, big fat belly
Deja vu, we’re here again
You won’t hear this on Scottish Telly
“Celtic go for number TEN”
Mcgonnigle (sp) couldnae hae pit it any better.
The legal position on resignation/dismissal is quite clearly laid out on the ACAS website:
http://www.acas.org.uk/index.aspx?articleid=1650
The final key point, which I have split from the rest kind of seals it:
Terminating employment – notice periods and pay
Key points
Both the employee and employer are normally entitled to a minimum period of notice on termination of employment.
Notice periods should be one of the main terms and conditions of employment and included in the employee’s written statement.
I
t’s always best to write out any form of notice to make it clear it is the termination of employment.
In most cases employees should be paid their normal pay during the notice period.
Normal notice applies when employment is being terminated due to redundancy.
An employment contract can be terminated at any time by either party, it could be a resignation or dismissal, redundancy or retirement.
For a notice to be effective it should be in writing and specify the date of termination.
For the avoidance of doubt – as sage Irish fellow is wont to say – A resignation MUST be in writing MUST be dated and CANNOT be uttered by an agent under any circumstances whatsoever.
Dear oh dear.
Just saw a post on jj that if the trio did not resign and in fact were to all intents and purposes were actually sacked with no compensation then sevco can’t replace them.
I think that’s why they’re not going for a new manager but rather saying they want a director of football and a head coach…
What will be interesting is if the duties of the director of football and the head coach correspond with those of the “resigned” manager and assistant manager.
Of course they can be replaced. What someone is confused about is if you’re made redundant bur the company fills the same post within 6 months then you can claim unfair dismissal .
As you pointed out earlier no one with any intelligence would believe that after allegedly quitting earlier in the week it took until Friday night to announce the trio had been sacked. Sevco are surely batting on a sticky wicket.
http://www.dailyrecord.co.uk/authors/the-judge/judge-solve-your-consumer-problems-1275591?service=responsive
Surely the above is they way to resolve this tawdry issue? A fair, balanced, impartial,free option….Judge Jackson presiding…….
Sevco’s line is that by the agent broaching discussion of no compensation departure by the management team – as a theoretical possibility – that was enough to show that managements heads were no longer focused on doing their job . Sevco grasped this straw-and look to parley it into evidence of a constructive resignation – that is that the management were telling them through ther agent that they were walking off the job that was no longer what got them up in the morning. Desperate stuff and any easy win for Warbs & Co.
‘Scotland’s football fans were jumping for joy this morning when they read the (admittedly fake) news that the club masquerading as Rangers* have decided to follow the master tactical plan laid out by rookie Catholic manager Graeme Murty by arranging to fly to, and stay on, the Moon.
Big Fat Derek Johnstone was heard to be creaming his pants live on dead air at the prospect and knows that such a distinguished and illustrious ‘club’ as Rangers*, with such a long unbroken history, will be a smash hit with the 500 million Rangers* fans worldwide, who will all be able to collectively catch their favourites’ training and playing adventures on the Moon without the need for costly Sky Sports packages (clear skies and a highly powerful ‘star telescope’ permitting, of course.
And the Moon being ‘out’.)
As the Big Fat One sings, or gushes, in that drooling, blabbering way of his,
‘Blue (colonised) Moon, Don’t leave me standing alone!’
The only other Rangers* fan we could find snarled,
‘Is this whit they mean by a fuckin nomad?’
Read more at https://theclumpany.wordpress.com
(Cheers, Clumps, you’ve made my day :))
Since IIRC part of the Sevco 5088/Scotland switcheroo involved incorporation in Newco’s spiritual home, Engerlund, perhaps it’s as well to familiarise ourselves with the law on agency:
https://en.m.wikipedia.org/wiki/Agency_in_English_law
Just in case it gets to court…
just loving this phil
If Sevco have unpaid football wages why aren’t they ie contractual bonus money then why aren’t they facing a points deduction from authorities (authorities lol) just like hearts.
Has Warbs not reported it ???
He has now so I guess we can expect action from the SFA soon !!!!!
Hi Phil,
And thanks for this update,really appreciated.
I’m very late in reading your piece,still,it makes for pleasant reading just before slumber.In fact,it may indeed lead to dreams of,well,who knows what…..
I’m beginning to think that hms serfco and all who sail with her are beginning to like trepidation and sleepless nights.I,on the other hand,need all the beauty sleep I can get.
I was disappointed to learn that there will be no place open on the 12th March,and serving alcohol legally at 2am in California,state law forbids it.Well,that just means we will be travelling to Las Vegas,Nevada a day earlier than we expected.The things we do to follow our beloved Celtic FC.I’m sure we shall find a suitable venue to view the match LIVE,in a real city that is TRULY 24 HOURS,A DAY OPEN FOR BUSINESS.
You,mssr Prophet,I think,should be in full on endurance training mode,you will have to be at the top of your game come March.Are you looking forward to the Circus Tenebrae court cases as much as We all are,or will it just be business as usual for you?
The Shadenfeude Express will be running on red-hot rails for the duration of the month,and I am as keen as mustard to see what transpires.Sadly,I am of the belief that they will,somehow,
manage to get through it all and continue much like they have done since rfc mk1 died 5 years ago now.
Has anyone ever experienced anything like this anywhere,anytime ever? They seem bombproof,but how I hope that I am so,so wrong..
Thanks again
TRIFC could get advice for as little as £2.25 (£1.70 for the paper and 55p for the stamp) by writing to the Queries Man at the Sunday Post. They could reduce that further by spending just 55p for the stamp and then read the paper for free in Asda (other supermarkets are available too) on a Sunday.
Perhaps they will petition to have the case heard by the Judge of the Sunday Mail in the court of public opinion, even a fake psychic could predict that outcome!
Ah,but is there any other type of psychic?
You don’t have to answer that one,I’ve already convened with my ‘fake psychic.’
Touché ☮️
Jelly and ice cream anyone?this will undoubtedly break them,all HR guidelines ignored to push this “resignation” through.
A simple question to all sevconions who think that DK comes with a warchest
Why is the breadmans £500,000 is still to be paid
Cos they don’t have the dough.
Ok I know that was the obvious answer, sorry.
Hiya mc k, I think it goes deeper than that, even when the Lying King had money he preferred to cheat.
That scenario that Phil says King wants to follow, appears to be another example of a day late and a Pound short. It appears that with a few days to realize the ramifications of their rash decision, that they have some major apprehension over what is to come.
Let’s face it, if King et al believed that they really did resign (cough, cough) then why would they be happy taking the case to mediation? No, they now realize they made a monumental mistake with what they did and now they are squirming.
I stand to be corrected but in any of the arguments put forward by Sevco minded people, they have failed to mention what imo is the most pertinent point, that it was the Agent who was present in the room, not the three amigos. I seriously doubt that the Agent can do anything more than go to the three with the offer from the board. I doubt he can resign on their behalf.
I note that all statements from the three amigos state clearly that WE did not resign. These two points I feel will be crucial to the case. The Agent was a third party and I doubt he had the authority to resign on their behalf, consequently they have made it clear that THEY did not resign.
On that basis it may be that the LMA and the solicitors of the three feel they have a strong case. Any arguments in Sevco favour here have to include and not ignore and exclude the role of, and the presence of the Agent in the matter. It would be very interesting if a court ruled the Agent could resign or sign a contract on a player, manager etc case. Surely, it must be the signatory in person who finalises the agreement to resign or agree a contracts T&C, otherwise an Agents role would have to become that of a final sole signatory and not simply a negotiator, which, as I understand it is their only role.
Let’s see.
good points Alfie. Will be interesting to see how this plays out.
King’s 13 year SARS adventure, holistic retail re-negotiation and sublime Barton strategy should be evidence enough for any rational observer to conclude that King has an exceptionally poor grasp of cost / benefit analysis. Those tied to King, financially and / or emotionally, should seriously consider gnawing off their own limbs to break free before King drags them all down with him over then next few weeks.
Maybe instead of a sevco legal team they could just ask the klan if any of them wish to represent sevco at court on a voluntary basis just like the voluntary stewarding their trying to recruit at the bigot dome.
Not surprising RIFC fancy a tribunal. Maximum award from an employment tribunal is 75K irrespective of salary.
I think this is BS… Barton’s sal will be paid in full and there are many other cases where full contract plus damages are won.
Can this be true?as the Glib and Shameless Lier states that the magic hat man was the leak ?one question.how can King accept resignations when he is not chairman of the club ?or have I read the last king/Ashley court case wrong .I thought mike only wanted to know who was chairman and held SFA to count on the fit and proper person ,TGASL was then said not to be in charge !!please enlighten me as this sham is very confusing for us mere mortals .oh by the way ,that’s the last time I buy your book ,lent it out and never seen it since !,
We all know that the need for King to be MD of holding company vehicle is because he is not a fit and proper person the be chairman of the engine room subsidiary. However we know who’s pulling the strings of the ERS.
Loving your updates.
Particularly as they are in direct contrast to the opinion being pushed by that idiot Derek Johnstone on Clyde who is pushing the line that the agent resigned for the Ibrox 3.
Good for Kenny Miller in rising above the shambles and wishing Mark Warburton the best.
By my reckoning that’s about 7 years this entertaining farce has been rolling, 2 years for the oldco to crash and now 5 years watching this slow train crash.
I might just miss it a teeny bit when they finally die.
Dancing Bhoy
Heard BFDJ as well. Thought it was comedy gold especially when legal wizard John from Uddi……err Bothwell came on to add his legal expertise with its all about writ and oath. Last time this guy gave legal advice on SSB it was to inform all that Celtic had State Aid lol.
Yeah John, remind us how that one worked out. These phone in programme should carry the proviso that the caller has to be called back to get opinion on garbage they talked when last on. Would love to hear what John the taxi driver has to say. He thinks some Arab Sheik is confiding in a guy using a Glasgow taxi, who is also one of Johns clients.
BFDJ quoting Scots Law for UK contract law and UK Employment law.
What employer would take an Agents word for it that his clients were resigning????
Completely agree, the “lawyer” seemed to have a bias. I didn’t know the guy had a history of being anti-Celtic.
It was all ifs, buts and maybes, DJ in denial and clutching at straws that contracts can be terminated verbally.
But in reality, No-one allows their agent to decide their future. Negotiating on their behalf is one thing, but the agents don’t make the final decisions.
I hope that the Ibrox3 have their day in court with full disclosure and don’t settle for an out of court settlement offer and Non Disclosure Agreement before the club runs out of money.
Your callback suggestion would be a good idea generally to highlight the crap that some people spout as fact.
I had to turn tonight’s off, there’s only so much I can take!
DB
Oh dear. I feel a bump coming along for Mr David Cunningham King and Cronies.