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Fillipe Noche
November 29, 2021, 1:31pm
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As others have already alluded to, redundancy is impossible. The employment requirement as a “footballer” has not become redundant. There is an ongoing requirement to employ football players, and so as an employer, the football club cannot claim it has not further need or requirement to employ a player.

To go down that road would be a certain legal case in judges chambers, for constructive or wrongful dismissal.

Same applies to voluntary redundancy. A consultation period would be required, and once again, the position of “footballer” would have to be redundant. Asking for volunteers for voluntary redundancy still prevents you from subsequently employing footballers thereafter for a period of six months. If you did, then regardless of the payment made, the person that agreed to voluntary redundancy would then have a solid legal case for constructive or wrongful dismissal
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Fillipe Noche
November 29, 2021, 1:42pm
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Quoted from GollyGTFC


Anyone can be made redundant. There's no legal restriction in regards who can and can't be made redundant as long as the process has been fair & open. In regards to a footballer... If he's in the "bomb squad" and knows he's not going to play, might be commuting a considerable distance to train with the stiffs/kids and can cut a deal to leave then why wouldn't he?

The legal framework around redundancy (apart from ensuring discrimination laws are followed) are more to do with rules on payment for statutory redundancy (i.e. when the employee has no choice in the matter).

The footballer will always have a choice (voluntary redundancy) and can turn down the offer. But why would he turn it down if he's not going to play, will earn more money (in his pocket) leaving whilst saving himself a fortune in commuting costs.


You are ill informed
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Fillipe Noche
November 29, 2021, 1:42pm
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Quoted from GollyGTFC


No. If a contract is terminated early it is classed as redundancy with the player receiving the legal tax free limit (£30k) on redundancy pay.


Not so
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Fillipe Noche
November 29, 2021, 1:48pm
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Quoted from GollyGTFC

I took voluntary redundancy in 2019. I didn't have to leave. They made me an offer after I registered an interest in being made redundant. It was given considerably more than I would have received in a statutory redundancy situation for 10 years service on my then salary.


Okay, then your employment role must have become redundant

You could accept that redundancy offer and the additional amount for accepting this voluntarily. But, if your employer then employed someone to subsequently do your job, within an unreasonable period of time, you would have had a solid legal case against them for constructive or wrongful dismissal.

The additional amount you accepted on top of statutory redundancy offered them no indemnity in the eyes of the law, if they subsequently breached redundancy laws and rules
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IlkleyMariner
November 29, 2021, 1:51pm
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Typical fishy.
We have a headline about a new player coming in
It descends into an argument about costs of dismissing an existing player…..
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Fillipe Noche
November 29, 2021, 1:53pm
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Quoted from IlkleyMariner
Typical fishy.
We have a headline about a new player coming in
It descends into an argument about costs of dismissing an existing player…..


I agree

Apologies, but I thought I’d clarify the legal position as an add on to the discussion

Old commercial solicitor habits die hard
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chaos33
November 29, 2021, 2:03pm
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What’s the source of this info on signing this player?


"You should do what you love while you can"
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arryarryarry
November 29, 2021, 2:27pm
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Quoted from GollyGTFC


You can. The 2 year rule basically just means that an employer can get rid of somebody with less than 2 years service without giving them a reason. It doesn't mean the employee isn't entitled to redundancy pay (statutory as a minimum). But under most circumstances where someone (as an individual) is being dispensed of with under 2 years service (without a disciplinary process being involved) then a deal is usually agreed on an enhanced payment to avoid potentially time consuming and financially costly arbitration etc...

You're coming at it from a footballer having an enforced redundancy with only statutory payments due based on length of service, age etc... Voluntary redundancy is exactly what it says. Voluntary. Statutory redundancy payments are irrelevant. Voluntary redundancy payments are negotiated between the 2 parties (employer & employee).

I took voluntary redundancy in 2019. I didn't have to leave. They made me an offer after I registered an interest in being made redundant. It was given considerably more than I would have received in a statutory redundancy situation for 10 years service on my then salary.


"You only qualify for statutory redundancy pay if you’ve worked for your employer for at least 2 years"

From the Government website.
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friskneymariner
November 29, 2021, 2:35pm

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Quoted from GollyGTFC


Because the first £30,000 of redundancy pay is tax free.

An example...

A player on £1,000 a week with 30 weeks left on his contract will receive gross pay of £30,000 but pay around £7,600 in tax & national insurance. So they will receive around £22,400. The employer (GTFC) also has to pay the employer contribution of NI, 30 weeks at £1,000 a week work out at a cost of £3,380.

So the remaining time on the contract is going to cost the employer (GTFC) £33,380. The player will receive around £22,400 after the normal deductions. So they compromise and settle the contract for £28,000 as a redundancy package. The club saves themselves over £5,000 on a player they don't want. The player pockets an extra £5,000 & can find himself alternative employment.

Everyone's a winner.


Also tax free is any payment for hurt feelings.


Give a man a fish and you feed him for a day,teach a man to fish and you give him an excuse for him to escape from the wife and kids for the weekend and drink lots of beer.
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RobDef1
November 29, 2021, 2:38pm

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Any chance of anything on this thread having something to do with a signing incoming today?


Codhead, socialist, recovered addict.
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