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| Quote mat="mat"They arent preventing him from changing employers though. just determining whether he can compete in a competition which they control. Similar to quota rules. Neither would standup in a court of law as their both restraint of trade in a legal sense. ...'"
Again the mistake that something is necessarily unlawful if it is a restraint of trade. Not so. The question is, if it is a restraint of trade, is it against the interests of the parties, or is it against public policy. REASONABLE restraints of trade are perfectly legal. Clause 5 in Iestyn Harris's contract dealing with his 'returnability' to Leeds was a clear restraint of trade, but was held in court not to be void, so I think we should know! |
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so would Kopczak count on Huddersfield's salary cap if he signs for them but we retain his registration?
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| Quote Ferocious Aardvark="Ferocious Aardvark"
But the question is one of law, in law clearly his contract has passed from BBHL to OKB, as OKB bough the business, and all employees WERE 'TUPE'd" across. Including Kopczak, as it happens, because he didn't "resign" until some days after the change of ownership. I'm not an employment lawyer but the issue he has raised seems to be whether he can negate that after the event, if he does so within a relatively short timescale.
'"
If I'm understanding TUPE regulations correctly then employees are automatically Tupe'd across to the new company on the date of the takeover, BUT then have 14 days to decide whether they want to continue their contract or resign. It doesnt matter if they continue to perform their job in the 14 day period, it doesnt mean they've accepted the TUPE. So this friday seems to be the cut off date for any other players to resign. If they dont then they agree to their contracts being transferred. |
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| Quote mat="mat"If I'm understanding TUPE regulations correctly then employees are automatically Tupe'd across to the new company on the date of the takeover, BUT then have 14 days to decide whether they want to continue their contract or resign. It doesnt matter if they continue to perform their job in the 14 day period, it doesnt mean they've accepted the TUPE. So this friday seems to be the cut off date for any other players to resign. If they dont then they agree to their contracts being transferred.'"
Yeh, I'd worked that out but wasn't planning on saying anything until Saturday..  |
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| Quote jockabull="jockabull"Yeh, I'd worked that out but wasn't planning on saying anything until Saturday..
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pretty certain players agents will be well aware of relevent timings  |
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Defo: its make your mind up time for the Players contracted for 2013 and later.
To TUPE or not to TUPE before the deadline?
The Pro-TUPE arguments could be:
1. I'm not sure where OK Bulls are going to be next season and whether they can pay me my contracted wage, I've been made an offer elsewhere that is certain income and I can use TUPE to cancel my existing contract and move on.
2. I've been made a cracking offer by another club: I'll use TUPE to rid myself of my contract with the Bulls
The Anti-TUPE arguments might be:
1. My agent has shopped around and tells me that I can't get nowhere like the deal I'm currently on at the Bulls
2. My agent has shopped around and there is a better deal, but nowhere good enough to make me consider moving.
3. Despite my agent offering cracking deals to go elsewhere I want to stay at the Bulls for personal reasons. Should the
OK Bulls be demoted to the Championship then I might reconsider.
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Batemans last tweet looks a little suspect.
Talks about ignoring the haters and looking at a fresh start......
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| Quote mat="mat"If I'm understanding TUPE regulations correctly then employees are automatically Tupe'd across to the new company on the date of the takeover, BUT then have 14 days to decide whether they want to continue their contract or resign. It doesnt matter if they continue to perform their job in the 14 day period, it doesnt mean they've accepted the TUPE. So this friday seems to be the cut off date for any other players to resign. If they dont then they agree to their contracts being transferred.'"
There is no 14 day or any other period stated in TUPE. |
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| All this tupe talk is very exciting.
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| Quote Duckman="Duckman"icon_biggrin.gif didn't realise you worked for the rfl??
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I manage the disciplinary committee, its why we keep getting favourable decisions... |
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