Category Archives: TUPE

Charles Green “Over Next 7 Days, All the Questions will be Answered”. Here are Some for Sevco Rangers

Mr Green has promised answers to “all the questions” within seven days. I have suggested a few for him to respond to.

I also note he talks about what happens “if” the Appellate Tribunal re-convenes. I wonder of the SFA will announce soon what is happening with that. I am sure Lord Carloway has a summer holiday to go on!

It also seems to be the case, although this is not a surprise of course, that in Mr Green’s mind “the good of Scottish football” = the preservation of “Rangers”.

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Charles Green has made a couple of statements via Pravda, aka the official Rangers website.

The first deals with the unknown factors. It is titled “All Will Become Clear”. Continue reading

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26 Comments

Filed under Celtic, Charles Green, Football, Football Governance, Rangers, SFA, SFL, SPL, TUPE

Sevco 5088 Ltd, Sevco Scotland Ltd and RFC 2012 Ltd – Which One Claims to Be Rangers?

In which I wonder where Ibrox, Murray Park, players and the SPL share all fit within what seems to be becoming a complicated corporate structure under the control of Mr Green.

In addition, as of yesterday, Companies House had not been notified of new directors for Sevco 5088 Ltd, or Sevco Scotland Ltd. Hopefully Mr Green will not have the same problems with forms that his predecessor Mr Whyte had. Although the formation of RCF 2012 Ltd might suggest otherwise!

 

As I posted yesterday, Duff & Phelps made it clear that they had a binding contract with Sevco 5088 Ltd to sell it the business and assets of Rangers Football Club PLC. However, the fixed assets (land and buildings) are being registered in the name of Sevco Scotland Ltd. I wonder which company will pay the Stamp Duty Land Tax? Continue reading

37 Comments

Filed under Charles Green, Football, Rangers, 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

40 Comments

Filed under Charles Green, Employment Law, Rangers, TUPE

Can Someone Offer Training on TUPE to Sevco, McCoist and Green?

In which I suggest that Mr McCoist and Mr Green really do not understand TUPE, and that Mr Green threatening action against those who he wants to be his own players and against other clubs, seems an unusual way of winning them round to backing his team entering any league at all!

I also address the purpose of TUPE and the “insolvency” exemption, and produce a judge’s lament about attempting to interpret legislation leading to despair and despondency.

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Rangers have come out all guns blazing today – directed at their own players! This is what one might view as an innovative approach to man management. After all, footballers are known as potential divas, who can be upset by the slightest thing, and the risk for a manager in “losing the dressing room” is feared.

I hesitate to suggest that Messrs Green and McCoist need better to understand the legal advice they are getting … but they really need better to understand the legal advice they are getting!

Their statement from today is shown below.

As usual, my comments are noted in bold beneath the relevant comments. Continue reading

119 Comments

Filed under Administration, Charles Green, Football, Rangers, TUPE

What Is the Status of the “Rangers” Players Today?

Last week Mr Green and his company Sevco 5088 Ltd bought the assets and business of Rangers Football Club. This included the “Player Contracts” – the contracts of employment of those employees of Rangers Football Club PLC (in Administration) (hereafter referred to as “Rangers PLC”) who are professional football players registered with the SFA.

There are two questions.

1                     What is the employment status of the players?

2                     What is the football status of the players?

As I have written before, I think Mr Green is wrong in what he says about the players. (On a side note, I feel that “Mr Green is wrong” is becoming the most-used phrase on this blog since “Carthago delenda est”!)

Employment Status

The TUPE regulations exist to protect employees, not employers. It is, in 99.99% of cases the employee who stands to lose out on a transfer of undertaking. The instances where the employer loses out are so rare that the law sees no need to protect them.

Once players agree to be employed by Sevco 5088 Ltd, trading as “The Rangers Football Club” and which I will refer to from hereon as “Sevco”, then their Rangers PLC contracts will continue on the same terms. Interestingly this of course means that the players who negotiated the right to leave on payment of a reduced transfer fee in return for a temporary wage cut, are effectively, as a result of the actions of the administrators, worth less than they would have been, with the result, one assumes, that the offer of £5.5 million by Sevco is also less than it would have been if the players retained full value. Perhaps not the best job by the administrators in the interests of the creditors there… Continue reading

18 Comments

Filed under Charles Green, Football, Rangers, TUPE