Bath blocks Ford exit

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fleabane
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Bath blocks Ford exit

Post by fleabane » Sat Jan 14, 2017 7:18 am

Certainly not on his way to Leicester, it seems

http://www.thetimes.co.uk/edition/sport ... -tsgt25n0b

((Perhaps someone who is a Times subscriber can copy and paste the article?)
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Qbec
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Re: Bath blocks Ford exit

Post by Qbec » Sat Jan 14, 2017 9:57 am

I can't copy & paste the acticle cause I can't read it all myself.
But I can say that from a source with contacts within Bath tells me that Tigers have opened negotiations with Bath so I take these media acticles with a degree of scepticism.
We will just have to wait & see which way it all goes, although its worth taking into account that YBY & Ford are not only team mates with England but also pretty close mates outside of that as well.
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drc_007
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Re: Bath blocks Ford exit

Post by drc_007 » Sat Jan 14, 2017 10:11 am

Ford invokes break clause in contract with 18 months remaining but Bath maintain they can still control where he can go to.

Sounds like one for the lawyers.

Martin Crowson has an active thread on this on Twitter https://twitter.com/martin_crowson/stat ... 4074178561

daktari
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Re: Bath blocks Ford exit

Post by daktari » Sat Jan 14, 2017 11:00 am

No expert but unless GF's contract explicitly mentions a block on him joining Tigers there is nowt Bath can do....even if there was, it's unlikely it's enforceable.
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Re: Bath blocks Ford exit

Post by BeeJ » Sat Jan 14, 2017 11:12 am

According to The Daily Telegraph, Leicester is seemingly Ford's destination of choice.

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Re: Bath blocks Ford exit

Post by Stu_F » Sat Jan 14, 2017 11:14 am

daktari wrote:No expert but unless GF's contract explicitly mentions a block on him joining Tigers there is nowt Bath can do....even if there was, it's unlikely it's enforceable.
It's a break clause, so there will be conditions around it and only those who have actually seen it will know what they are.
I would imagine that if George can elect to leave before the end of the contract, which apparently he can, then it is highly likely that the other party in the contract, Bath, will have something in there that protects their interests.

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Re: Bath blocks Ford exit

Post by Qbec » Sat Jan 14, 2017 11:17 am

My understanding is that IF GF buys himself out of the last part of his contract then Bath would have no say in where he goes as he would become a free agent.
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Re: Bath blocks Ford exit

Post by AlphaWiseOwl » Sat Jan 14, 2017 11:56 am

Maybe a contract lawyer out there can clarify but in my experience the "restriction of trade" rules come into force when firms try to insist on confidentiality agreements and hint at blocking an employee's move to a competitor. In reality these clauses are largely impotent posturing because most employees move to a competitor within their own sector, principally because they are pretty good at what they do. Confidentiality clauses can be used as a threat but once you are out of the door ......!! That is why stars (in sport or industry) are head-hunted and offered favourable terms (not always money) to attract them elsewhere.

If indeed Bath is trying to block Ford's move to anywhere, such efforts may well turn out to be futile and only make them look a bit silly.

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Re: Bath blocks Ford exit

Post by strawclearer » Sat Jan 14, 2017 12:23 pm

AlphaWiseOwl wrote:Maybe a contract lawyer out there can clarify but in my experience the "restriction of trade" rules come into force when firms try to insist on confidentiality agreements and hint at blocking an employee's move to a competitor. In reality these clauses are largely impotent posturing because most employees move to a competitor within their own sector, principally because they are pretty good at what they do. Confidentiality clauses can be used as a threat but once you are out of the door ......!! That is why stars (in sport or industry) are head-hunted and offered favourable terms (not always money) to attract them elsewhere.

If indeed Bath is trying to block Ford's move to anywhere, such efforts may well turn out to be futile and only make them look a bit silly.
I suspect Craig would struggle to convince a hearing that Tigers posed any different threat to Bath than any club in the Premiership or even Europe - and I don't think he'd want to be seen as the man who forced GF to move to the SH!
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Re: Bath blocks Ford exit

Post by TomWeston » Sat Jan 14, 2017 12:27 pm

strawclearer wrote:
AlphaWiseOwl wrote:Maybe a contract lawyer out there can clarify but in my experience the "restriction of trade" rules come into force when firms try to insist on confidentiality agreements and hint at blocking an employee's move to a competitor. In reality these clauses are largely impotent posturing because most employees move to a competitor within their own sector, principally because they are pretty good at what they do. Confidentiality clauses can be used as a threat but once you are out of the door ......!! That is why stars (in sport or industry) are head-hunted and offered favourable terms (not always money) to attract them elsewhere.

If indeed Bath is trying to block Ford's move to anywhere, such efforts may well turn out to be futile and only make them look a bit silly.
I suspect Craig would struggle to convince a hearing that Tigers posed any different threat to Bath than any club in the Premiership or even Europe - and I don't think he'd want to be seen as the man who forced GF to move to the SH!
Quite -it's all about the money Bath will get for GF's departure and Craig is ratcheting it up.

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Re: Bath blocks Ford exit

Post by fleabane » Sat Jan 14, 2017 12:41 pm

F1 has release clause contracts, viz Paddy Lowe and Mercedes, who has been prevented from joining a non-Mercedes team. In another example, Ferrari sacked Allison, who has since been on gardening leave, and who cannot join his new team, Williams, until April.

There is no element of restriction of trade in these examples. These preventative clauses form part of the original contract, and I suspect the same will be the case with wee George.

If the contract is agreed and signed, its terms can only be amended by agreement between both sides. Bath clearly see a bigger threat to themselves with George at Tigers than they do if he is at Sale.
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Re: Bath blocks Ford exit

Post by snoopster » Sat Jan 14, 2017 12:52 pm

fleabane wrote:F1 has release clause contracts, viz Paddy Lowe and Mercedes, who has been prevented from joining a non-Mercedes team. In another example, Ferrari sacked Allison, who has since been on gardening leave, and who cannot join his new team, Williams, until April.

There is no element of restriction of trade in these examples. These preventative clauses form part of the original contract, and I suspect the same will be the case with wee George.

If the contract is agreed and signed, its terms can only be amended by agreement between both sides. Bath clearly see a bigger threat to themselves with George at Tigers than they do if he is at Sale.
I think in the F1 examples they are still under contract and waiting for them to end so they can get their full pay. In Ford's case it would be ending the contract early - Bath would then have no control over what he does.
A more accurate example would be Castro leaving Tigers - he bought himself out and there was nothing Tigers could do. I suspect Bath ate posturing to try to get a better deal but ultimately Ford can pay off his contract and leave.

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Re: Bath blocks Ford exit

Post by fleabane » Sat Jan 14, 2017 1:09 pm

I think the point I was trying to make is more about Lowe being prevented joining a non-Merc team.
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Re: Bath blocks Ford exit

Post by Johnnyg » Sat Jan 14, 2017 1:56 pm

fleabane wrote:F1 has release clause contracts, viz Paddy Lowe and Mercedes, who has been prevented from joining a non-Mercedes team. In another example, Ferrari sacked Allison, who has since been on gardening leave, and who cannot join his new team, Williams, until April.

There is no element of restriction of trade in these examples. These preventative clauses form part of the original contract, and I suspect the same will be the case with wee George.

If the contract is agreed and signed, its terms can only be amended by agreement between both sides. Bath clearly see a bigger threat to themselves with George at Tigers than they do if he is at Sale.
As a contract lawyer I can say the enforceability depends on whether the clause was negotiated which as it's a break clause seems likely. I don't see any fundamental problem with enforcing a clause allowing early release providing he doesn't join a competitor. Because if he wants to join the competitor he just needs to wait 18 months.

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Re: Bath blocks Ford exit

Post by snoopster » Sat Jan 14, 2017 2:58 pm

fleabane wrote:I think the point I was trying to make is more about Lowe being prevented joining a non-Merc team.
I don't think he was. He went on gardening leave while he saw out his contract, then joined the team who made the best offer?
He didn't try to end his contract early and neither did Mercedes.

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