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”!)
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