If I am Marti

[KLOS]

I have a valid contract which i want to fulfil but I have been suspended. I have been offered another job. Am I constructively dismissed ? Is the club legally bound to buy me out fully or may I just sit tight do the new job and collect the other salary?

[Sleeping Giants]

I have a valid contract which i want to fulfil but I have been suspended. I have been offered another job. Am I constructively dismissed ? Is the club legally bound to buy me out fully or may I just sit tight do the new job and collect the other salary?

You can't perform another job whilst on gardening leave. You're still employed albeit not working.

[KLOS]

But does this constitute a restraint of trade and damage to my professional reputation in being precluded form fulfilling my contractual obligations. If I had a 10 year contract could the club just sit tight until it expires, I think I would challenge it at law. Since another person has been given my job. the club should pay my contract in full. I would ask for damages in addition for detriment .

[FurtiveFox]

We will have to pay him off but I suspect some poker playing going on. Club hoping he will be poached so we either get some compensation or he goes without our having to paying anything. If he can't secure new job he will be looking to get some pay off. As soon as we announce a new manager is when he could argue he has been constructively dismissed which makes his negotiating hand stronger. With the amount of EFL jobs available club likely hoping he would get one of those quickly freeing us up to recruit. Whilst he is still being linked with jobs it just hasn't happened and we need to get someone in without much further delay.

[shaggy24]

We will have to pay him off but I suspect some poker playing going on. Club hoping he will be poached so we either get some compensation or he goes without our having to paying anything. If he can't secure new job he will be looking to get some pay off. As soon as we announce a new manager is when he could argue he has been constructively dismissed which makes his negotiating hand stronger. With the amount of EFL jobs available club likely hoping he would get one of those quickly freeing us up to recruit. Whilst he is still being linked with jobs it just hasn't happened and we need to get someone in without much further delay.

if Marti job title is head coach and new guy is manager although to everyone we see it as the same job the descriptions in job can be written different and not a lot Marti can do about it it’s a loophole many companies use for constructive dismissal if it was stunt by his agents it’s backfired even more if the club has evidence of this

[davieqpr]

Gardening leave can last up to 6 months.

[Abseits]

Gardening leave can last up to 6 months.

Don't think that's true... there are hundreds of public servants in organisations like NHS or The Police who have been suspended on full pay for years. I think there is one in NHS who has been off on full pay since 2018.

The six month thing is more of a "best practice" that a competent employer would be expected to adhere to, but it's not an absolute rule or requirement. Technically, Marti could remain on gardening leave until his contract runs out. That would make him look like a fat lazy public sevant though and tarnish his image as a thrusting young manager. He really should just pee off and get another job.

[Jeffqpr]

Bit Fin stupid topic pointless, who knows what’s going on? no ####er end of conversation,

[cross it Dave]

Being a EU citizen, I assume he has a UK work visa. I wonder if there are any ramifications in changing jobs.

[SheepRanger]

Being a EU citizen, I assume he has a UK work visa. I wonder if there are any ramifications in changing jobs.

With Brexit no thats not automatic unless he had settled status here before. But sports people get special exemptions. Hes get his visa no problem. Im sure we're sorting this out now, as well as Marti's exit. Hopefully we'll waive Marti's release clause if he resigns and walks without compo, or a token amount.

[cross it Dave]

As far as I am concerned sportsmen should not get special status., fu ck the premiership

[Sussex]

He got suspended as he was offering his services to other clubs behind our clubs back. He deserves sod all off us. Not too many clubs are coming calling for him either.

[cross it Dave]

He got suspended as he was offering his services to other clubs behind our clubs back. He deserves sod all off us. Not too many clubs are coming calling for him either.

Couldn’t agree more, he can fu..ck right off. No one is bigger than our club.

[Abseits]

As far as I am concerned sportsmen should not get special status., fu ck the premiership

Agreed. Given Cifuentes has flopped I can't see any argument relating to him holding a special talent or skill would wash, he's just another tinpot manager and there are plenty of British tinpot managers and they should not be losing work to foreigners.

Indeed, immediately after Brexit it was reported it would be much harder to sign EU players/coaches than before but there has been no let up in the flow of duff imports and it all seems "business as usual". I presume some brown envelopes got dished out to the relevant Home Office personnel to overlook things....

[cross it Dave]

British managers seem to have paid a high price since Brexit.