Imran Ahmad Heads to the Court of Session for his Claim against Rangers

Official confirmation came this week, firstly from the Court of Session case list and then from Rangers itself that Mr Ahmad had initiated court proceedings for damages against his former employer.

The official Rangers statement said:-

Rangers fans are now aware of a Court of Session action brought by the Club’s former Commercial Director Imran Ahmad and in response has released the following:

 “Mr Ahmad’s lawyers have lodged his summons at the Court of Session. This is simply a procedural step which the Club anticipated. The Club’s lawyers are of the view that his claim is unfounded in fact and in law and is likely to fail.

“They have advised the court that the claim will be defended robustly. Mr Ahmad’s claim is for £500,000 in alleged unpaid bonuses and not the sum previously claimed in his pre action correspondence which was in excess of £3 million.”

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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.

Mr Green Is Wrong. Players Who Object To Joining Newco Rangers Aren’t In Breach of Contract

In which I politely suggest that Mr Green has got his interpretation of the TUPE regulations wrong, and that he could find his newco left with the players he does not want, whilst the ones he does want leave for nothing.

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When a business changes hands, the rights of employees are protected by the Transfer of Undertakings (protection of Employment) Regulations 2006 or TUPE for short.

These regulations are designed to protect the rights of employees when a business is transferred. There is no doubt that what is now proposed by Mr Charles Green, namely a transfer of Rangers assets to his “newco” would amount to a relevant transfer. Therefore, in law, the employment contracts of all of the employees transfer over to the new employer, and the contracts cannot be terminated by the new employer without this constituting an unfair dismissal and breach of contract.

However, in Rangers’ situation, the most relevant issues arise from the perspective of the employee who might be considering leaving.