Can Barton be sacked for gross misconduct?

[westsussexranger]

now as im a student i have no knowledge about the world of work whatsoever but just been chatting to my old man and he says that we can sack arton on a gross misconduct charge?

he said its the same as if (unless any of you lot box for a living) any of us give a colleague/client a right hook in the workplace you can get sacked on gross misconduct

someone let express a more knowledgeable on this possiblilty please

[Factamondo]

in theory yes............but this is qprworld!!!!!

[westsussexranger]

also i can see how qpr can keep him. he was signed as a statement of intent a symbol of the new era

[QPRDave]

This is a footballers contract we're talking about

[winalotto]

Football is unique in a lot of ways, yes you could sack him for gross misconduct , but you'd have to pay off his contract ( not all) , more likely is put him on the transfer list, but who would stump up his weekly wage? In fact who would want him?

[Bluehoop]

Football is unique in a lot of ways, yes you could sack him for gross misconduct , but you'd have to pay off his contract ( not all) , more likely is put him on the transfer list, but who would stump up his weekly wage? In fact who would want him?

In the real world, sacking someone for gross misconduct does not require the employer to pay any money under the law of contract. As you say though, football is unique.

[The Leveller]

In the world of work and in deed natural justice you will not be punished twice for the same offence, football or otherwise. Its called double jeopardy.

So the charge will have to be something different, bringing the club into disrepute, breach of confidence or that with intent he tried by his actions to frustrate his contract of employment.

I suspect that the club will fine him, perhaps on as many charges as possible as the club as defined by FA rules and as negotiated by the PFA have limited it to 2 weeks salary for each offence. Plus anger management course

Sacking him would be an extreme outcome, far worse players in terms of length of suspension did not have their contracts terminated. Cantona (Kung Fu), Ferdinand ( Doping whereabouts) Kenny (Doping) and there are other examples.

[winalotto]

In the world of work and in deed natural justice you will not be punished twice for the same offence, football or otherwise. Its called double jeopardy.

So the charge will have to be something different, bringing the club into disrepute, breach of confidence or that with intent he tried by his actions to frustrate his contract of employment.

I suspect that the club will fine him, perhaps on as many charges as possible as the club as defined by FA rules and as negotiated by the PFA have limited it to 2 weeks salary for each offence. Plus anger management course

Sacking him would be an extreme outcome, far worse players in terms of length of suspension did not have their contracts terminated. Cantona (Kung Fu), Ferdinand ( Doping whereabouts) Kenny (Doping) and there are other examples.

I agree sacking would be an extreme action, but you could list him in the summer for gross misconduct ..

[The Leveller]

In the real world, sacking someone for gross misconduct does not require the employer to pay any money under the law of contract. As you say though, football is unique.

Not quite true, pay in lieu of notice, outstanding annual leave, yes but not rolling up the cost of remaining salary by length of contract

[Bluehoop]

Not quite true, pay in lieu of notice, outstanding annual leave, yes but not rolling up the cost of remaining salary by length of contract

Sorry, I was trying to keep it simple for the masses as the OP was suggesting we would have to "pay up" his contract. On something like gross misconduct is there not an instant dismissal, no notice, point?

[The Leveller]

Sorry, I was trying to keep it simple for the masses as the OP was suggesting we would have to "pay up" his contract. On something like gross misconduct is there not an instant dismissal, no notice, point?

Yes it is called summary dismissal and that is why it is called called pay in lieu of notice. You cant write away what is required in contractual law.

[Bluehoop]

Yes it is called summary dismissal and that is why it is called called pay in lieu of notice. You cant write away what is required in contractual law.

Can you tell I don't read Chitty on contract before I go to bed at night

[The Leveller]

You are not alone, a few people make a living out of it

[kron-1664]

Im sure he wont play for QPR again. The image that his outburst creates would not go down well to the South East Asian prospective followers. If they sacked him for Gross misconduct im sure he would create a legal case, cue the Mittal and Fernandes retained legal team. Could go on for years.