Category Archives: Employment Law

Rangers Fired Mr Sandaza for Misconduct – Will They Investigate Mr Green Too?

A few weeks ago a Rangers employee made some ill-judged remarks in a conversation he thought was private, but in fact was with a well-known japester. This resulted in some amused press coverage and a bit of embarrassment for the employer. No regulatory body took action against the employee. He himself threatened legal action against the trickster. However the employee was suspended pending an investigation, and then dismissed without notice for “gross misconduct”.

More recently another Rangers employee made some ill-judged remarks. These were not made to someone drawing out confidences on a false premise. Instead they were made in a newspaper interview. The particular comments have resulted in some rather shocked press coverage, and now in disciplinary action by the regulatory body. It has also resulted, as I will detail below, in very strong words from one of the non-executive directors (effectively the employer’s representative). The employee finally responded with an apology, but only after the external disciplinary processes had started. Continue reading

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Filed under Charles Green, Companies Act 2006, Employment Law, Rangers

Sandaza Sacked By Rangers – “Gross” or “Serious” Misconduct? – And What Happens Next?

And so Francisco Sandaza’s fears came to pass.

The Sun had reported on 30th March:-

FRAN SANDAZA was last night seeking legal advice amid fears his Rangers career is over. The striker was yesterday suspended for a second week after a meeting with Ibrox bosses.

Gers are still investigating how Sandaza was duped into revealing contract details during a recorded conversation with a spoof agent. During the call the former Dundee United and St Johnstone ace also insisted he’d be willing to leave the Division Three club for more money.

Injury-hit Sandaza is taking advice from the Professional Footballers’ Association’s legal team as it’s believed Ibrox chief Charles Green is keen to offload the Spaniard.

Boss Ally McCoist said yesterday: “Sandaza isn’t back in the squad. He’s still suspended, pending an internal investigation, which is continuing. I’ve got no idea how long that will last. Obviously, I’d think it would be in everyone’s best interests if it’s sooner rather than later. But I couldn’t put a timescale on it. We will find out what’s happening and then we move on.”

It’s expected Gers will now offer Sandaza — who’s only scored twice this season — a cut-price deal to leave the club. But it’s unlikely he would accept and will seek further legal assistance if Rangers insist on showing him the exit door.

Last night Rangers released the following statement:-

RANGERS announced today that the Club has decided to terminate its contract with Francisco Sandaza. The player has been advised of the situation.

Francisco spoke at length to someone posing as an agent and engaged in a conversation which the Club believes to be a material breach of his contract of employment.

The player was suspended but after careful consideration and a hearing with Francisco and his representatives, the Club, and our advisors, believe that dismissal is the appropriate course of action.

The termination is subject to the right of appeal under SFL rules and there will be no further comment from Rangers on this issue.

It is very rare for a football player to be dismissed, especially in a situation where, by implication, gross misconduct has been established by the employer. Continue reading

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Filed under Employment Law, Rangers

Rangers’ Sandaza Suspended After Falling For Fake Phone Call – Lessons to be Learned?

I have repeatedly commented that an aspiring lawyer who based their legal education on nothing except for matters of law related to Rangers Football Club would end up with a breadth of knowledge more than sufficient to practise in any area.

And today we can add to the list issues of employment law combined with the Data Protection Act and the Regulation of Investigatory Powers Act.

A terse statement on Rangers official website yesterday read:-

FRANCISCO Sandaza has been suspended by the club pending an investigation into comments made by the player in a recorded telephone conversation.

The club, Francisco and his agent have had discussions and manager Ally McCoist also spoke with the player, who did not take part in today’s training session.

Francisco will not return to the club while the investigation is underway.

Rangers regard this is an extremely serious issue but there will be no further comment until the inquiry, which could take a week, has been completed. Continue reading

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Filed under Civil Law, Employment Law, Rangers

Green – We’ll Fight for Compensation for Players Who Didn’t Join Sevco Rangers (and Lose)

Yesterday Mr Green made clear his stance on the players who exercised their legal rights not to go to work for Sevco 5088 Ltd, or Sevco Scotland Ltd or RFC 2012 Ltd…

His statement, from rangers.co.uk is below, with commentary in bold.

The article was written by Lindsay Herron on the official “Rangers” website and therefore the narrative part of the story too can be taken as the official “Rangers” stance.

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CHARLES GREEN has vowed to fight to bring in compensation for the players who have walked out on Rangers and he has asked the SFA to play a key role.

The guts have been ripped out of Ally McCoist’s squad by 11 players – headed by Steven Naismith, Steve Davis, Steven Whittaker and Allan McGregor – who insist they are not obliged to join the new company under TUPE. Indeed Whittaker has been signed by Norwich City while Kyle Lafferty is joining Sion in Switzerland. The Rangers Chief Executive, however, is insistent that Rangers are due compensation for all of the players who have gone. Continue reading

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Filed under Charles Green, Employment Law, Football, Rangers, SFA, TUPE

Rangers, Sevco and the Law – Threatened Court Actions – Sevco v the Players

Following on from Mr Green’s threats of action last week, and the concerns expressed by Mr McCoist, which I wrote about here, players have started to object to their TUPE transfers to Sevco.

Mr Green issued a statement on Sunday after the departure of Messrs Whittaker and Naismith. My comments are in bold.

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RANGERS Chief Executive Charles Green has insisted he will contest any attempt by players to walk away from Rangers for free.

Green said: “It is a great pity that certain players have chosen this time to attempt to tear up their contracts and walk away from the Club. The Club is facing massive challenges in terms of its league status and the last thing the fans want to see is a dispute between the Club and players.

Sorry to mention the legalities, but Mr Green is comparing apples and oranges here. The players do not have a contract with “the Club”. That has no legal persona. The players were employed by Rangers Football Club PLC (In Administration). Mr Green wants the players to be employed by Sevco 5088 Ltd, or Sevco Scotland Ltd, or indeed some other Sevco variation for all we know. The players are not “ripping up their contracts”. They are exercising, validly in my view, their rights not to work for an employer for who they do not want to work!

I also think that a dispute between players and “the Club” whilst not ideal, is not “the last thing” the fans want to see. Continue reading

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Filed under Charles Green, Employment Law, Rangers, TUPE