LEICESTER TIGERS 2020/21 SQUAD/TRANSFERS/CONTRACT THREAD Part 2

[Scuttle]

Reasonableness is irrelevant. The issue is what is the club obliged to pay in salary and for how long and what are the obligations of the respective parties. Force majeure can only be relevant while the season is suspended and not in relation to future obligations and may well not apply anyway. I don’t need to see these particular contracts to know that there is never ever ever a clause in such a contract allowing the paying party to be entitled to renegotiate based on impecuniosity.

Thanks. As I said above I am not a lawyer and so I have only had experience of employment issues within businesses I'm involved with and none have been connected to professional sport. However I do have direct experience of companies I've been involved with as a Non-Exec invoking salary cut. The companies were taken to tribunal, sued for constructive dismissal, and on every occasion the complainants lost on the grounds described above, in one case even though the tribunal found the company had not applied its own policies when making the cuts. This was post financial crash. So my question is, what is it precisely in the nature of a sports contract held by the famous 5 (6) that makes them different. Genuine question. I know I don't know, and it is clear that experts in the legal profession are going public saying that they will have a claim. What's the exact difference?

I think the difference here and where Tigers are vulnerable is that the only reason the players are being stood down (if what we read is correct) is because they refuse to agree less advantageous contract terms. For most employees if you get paid for not working you’re not at a huge disadvantage, but for a professional sportsman with a very short career and huge collateral benefits attached to the club career (international caps with £25k per match fees, sponsorship deals etc) being stood down can wreck a career. I’m not saying this is clear cut, but it’s not like a standard employment contract where merely paying someone is sometimes enough to avoid constructive dismissal arguments.

You seem to know quite alot about this so useful to have you on the thread, albeit I realise not in any official capacity. For my understanding perhaps you could clarify something for me please. I understood constructive dismissal means making someones job/time in an organisation so difficult they have no option but to leave....I may be wrong. That said if Tigers can say circa 40 others found the terms acceptable and were happy to join the new journey, but these 5 didn't, would a tribunal not take that into account and say the club was clearly not making it so difficult for 40 so why do the 5 think differently. The club seem to have been consistent butI guess it is the reasonable test which you say is irrelevant ...but that does seem odd to me.

[trendylfj]

Where would we stand in terms of overseas players for the 20/21 season with all of the Argentinian and various other overseas players fitting in to the regulations?

I believe that you are allowed still 2 "oversea" players on the field at any one time

"It is important to note that the legal definition of foreign players is different to one of non-English players. In addition, players can fall under the Bosman or Kolpak rule. The Bosman ruling reinforced the Treaty of Rome in a sporting context, allowing the free movement of EU national workers around other EU countries. This effectively means any EU national has the same rights as any ‘local’ worker and therefore cannot be defined as a foreigner.

In the Premiership, the rule on foreign players has been amended to come into line with the regulations in European competitions. A maximum of two foreign players can now be on the pitch at any one time, at all periods during the season."

I believe that our overseas players are - Gigena, Lavanini, Mamukashvili. I believe the NZ are covered by the Colpac but am not sure about Fiji/Samoa/SA but I stand to be corrected by much more knowledgable people

[sam16111986]

Jerónimo de la Fuente is a recent new follower of Leicester Tigers on instagram.

De la Fuente and Abendanon would do nicely short term. I really don't think we need to worry too much about the players we're losing with so much quality available.

Abendanon might be a 12 month fix but Jeronimo de la Fuente should be a three year contract. He's a leader and a very classy operator. Big fan of him, if people liked what Allen offered at 12 than de la Fuente is similar but a noticeable step up. He's the Jaguares captain and he'd slot in perfectly alongside Scott.

Manu would have to leave for us to afford him though as he'll be a player in high demand. The foreign player restrictions might be another issue here unless he's got dual citizenship.

[kpj tiger]

Jerónimo de la Fuente is a recent new follower of Leicester Tigers on instagram.

De la Fuente and Abendanon would do nicely short term. I really don't think we need to worry too much about the players we're losing with so much quality available.

Abendanon might be a 12 month fix but Jeronimo de la Fuente should be a three year contract. He's a leader and a very classy operator. Big fan of him, if people liked what Allen offered at 12 than de la Fuente is similar but a noticeable step up. He's the Jaguares captain and he'd slot in perfectly alongside Scott.

Manu would have to leave for us to afford him though as he'll be a player in high demand. The foreign player restrictions might be another issue here unless he's got dual citizenship.

With Veainu leaving it will free up a spot

[jauzy19]

A lot of Argentines have also an italian passport.

[ABClub]

NZ players aren't covered by Kolpak but Fiji, Samoa and Tonga players are.

There are many means through which players have fallen outside of the foreign players rule though. James Horwill having a British Passport. Andrew Merthens with a South African passport. Polota-Nau with Tongan heritage. Lote Tuqiri with Fijian heritage. I believe Ayerza was no longer classed as a foreign player after marrying his wife who is an EU citizen as well.

So it all depends on the individuals personal circumstances and family in other words.

[trendylfj]

Just reported on F?B that Manu is off to Beziers - via a tweet from Jim Hamilton but looked for it myself and can't find it

[sapajo]

I guess Abendenon is no stranger to Borthenstein and may even have taken the field together in a Bath jersey?

[Mark62]

Just reported on F?B that Manu is off to Beziers - via a tweet from Jim Hamilton but looked for it myself and can't find it

Big Jim isn’t often that wide of the mark. Beziers will pay him what he wants too. Loose him and keep Taufua I’d be happy

[speedski]

Just reported on F?B that Manu is off to Beziers - via a tweet from Jim Hamilton but looked for it myself and can't find it

https://twitter.com/jimhamilton4/status ... 9905781761

[kk20gb30]

Has the Beziers take over brokered by Dominici been completed ? With out funds there are merely a French Pro D2 side with disillusions of grandeur.....

[DeadlyDunc]

Having been to Beziers i can say with authority it is a proper dump - I also hope the money sweetens the pill of playing for one of the towns in France with a openly far right mayor/politics.

It was quite spicy just walking round the old town in day time but having said that there are some lovely spots around the town itself

[kpj tiger]

Having been to Beziers i can say with authority it is a proper dump - I also hope the money sweetens the pill of playing for one of the towns in France with a openly far right mayor/politics.

It was quite spicy just walking round the old town in day time but having said that there are some lovely spots around the town itself

I'm not sure why local politics would be a consideration for players

[Tiglon]

Having been to Beziers i can say with authority it is a proper dump - I also hope the money sweetens the pill of playing for one of the towns in France with a openly far right mayor/politics.

It was quite spicy just walking round the old town in day time but having said that there are some lovely spots around the town itself

Some might argue that Leicester is far from a picturesque eutopia... especially when compared with the south coast of France!

[MurphysLaw]

[quote=speedski post_id=745518 time=1593949797 user_id=9843]
[quote=trendylfj post_id=745513 time=1593947781 user_id=3758]
Just reported on F?B that Manu is off to Beziers - via a tweet from Jim Hamilton but looked for it myself and can't find it
[/quote]


https://twitter.com/jimhamilton4/status ... 9905781761
[/quote]

Wasn't the Jim Hamilton tweet on 1 July? No idea if right or wrong, but wouldn't we have heard from other sources by now?