Charlie Oatway leaves 'by mutual consent'

[Tubby-McFat-Fuc]

Why is very one talking about court? Charlie has mutally agreed to leave the club. It's over. Draw a line under it and move on!

 

[Lord Bracknell]

Am I right in thinking that there's nothing to stop a case going to both the Employment Tribunal and the County Court? In a complex case like this one, each court would have a different issue to rule on.

 

[Lord Bracknell]

Why is very one talking about court? Charlie has mutally agreed to leave the club. It's over. Draw a line under it and move on!

We're not. The discussion about court proceedings is about Gus.

 

[Barrel of Fun]

Am I right in thinking that there's nothing to stop a case going to both the Employment Tribunal and the County Court? In a complex case like this one, each court would have a different issue to rule on.

Apparently it could.

A tribunal appearance might be abandoned as a waste of time, if the settlement is ample enough from the County Court. Assuming the County deals with the case first.

 

[Westdene Seagull]

I am struggling to see the benefits of going to a tribunal what with the County Court having no limits placed upon them for potential awards.

However, a County Court can't force his reinstatement, can they?

Gus will be looking for money not reinstatement.

 

[Miffy]

Apparently it could.

A tribunal appearance might be abandoned as a waste of time, if the settlement is ample enough from the County Court. Assuming the County deals with the case first.

County Court is a higher authority than Tribunal so it can't go backwards on appeal.

Not 100% certain on Employment Tribunals but based on how the system works in other areas, a Tribunal may be used to "discover" the facts of the case and will then make a judgement on them. It is then open to either party to appeal that to Crown Court on a point of law only as its not then possible to contest the facts as set out in the ruling. If it starts in County Court it can be appealed to High Court in the same way. It can jump from Tribunal to High Court if the point of law is particularly complex etc but its unusual - if its that complex the Tribunals usually don't hear it to begin with & it starts higher up.

 

[One4the.road]

Good luck charlie fella albion legend allways !

 

[Barrel of Fun]

County Court is a higher authority than Tribunal so it can't go backwards on appeal.

Not 100% certain on Employment Tribunals but based on how the system works in other areas, a Tribunal may be used to "discover" the facts of the case and will then make a judgement on them. It is then open to either party to appeal that to Crown Court on a point of law only as its not then possible to contest the facts as set out in the ruling. If it starts in County Court it can be appealed to High Court in the same way. It can jump from Tribunal to High Court if the point of law is particularly complex etc but its unusual - if its that complex the Tribunals usually don't hear it to begin with & it starts higher up.

Apparently there is an overlap in jurisdictions. It could well be that the tribunal and the court would be dealing with different issues. To coin a phrase, It's complicated

 

[Lord Bracknell]

County Court is a higher authority than Tribunal so it can't go backwards on appeal.

Not 100% certain on Employment Tribunals but based on how the system works in other areas, a Tribunal may be used to "discover" the facts of the case and will then make a judgement on them. It is then open to either party to appeal that to Crown Court on a point of law only as its not then possible to contest the facts as set out in the ruling. If it starts in County Court it can be appealed to High Court in the same way. It can jump from Tribunal to High Court if the point of law is particularly complex etc but its unusual - if its that complex the Tribunals usually don't hear it to begin with & it starts higher up.

Employment Tribunal hearings are presided over by a Judge. Appeals against Employment Tribunal decisions are submitted to the Employment Appeals Tribunal, not to the High Court.

 

[Creaky]

Doesn't a lot depend on which route, if any, Gus decides to go. Appeal under employment law or sue for damages citing breach of contract by the club.

 

[Fef]

I think when Poyet finally goes, his goodbye, if any, will be one of the briefest to the point statements the club has ever made.

There will be a crossword in a future match day programme:

12Down. He's gone. (5)

 

[Miffy]

Employment Tribunal hearings are presided over by a Judge. Appeals against Employment Tribunal decisions are submitted to the Employment Appeals Tribunal, not to the High Court.

Is this a higher Tribunal level or a dedicated Appeal arm? The other areas I've dealt with have two Tribunal levels and this level would start in the higher of them if taking that route so then appeal straight to the Courts. Didn't realise the Employment ones worked differently - always handy to know

 

[Felpham Seagull]

I,m gutted thanks for everything Charlie

 

[El Presidente]

I wonder if he was suspended because he was a key witness in the Gus situation.

Does that mean he can answer the critical question.................fold or scrunch?

 

[7:18]

such a shame it ended this way, thanks for everything Charlie and best of luck in the future!

 

[Tubby-McFat-Fuc]

I wonder if he was suspended because he was a key witness in the Gus situation.

Well if he was, the club would have to suspend all its fans as well

 

[Garage_Doors]

But the Club said that they would follow UK employment law. The fact that they have pulled out of the process before it reached the conclusion they were working towards suggests that a realisation has kicked in that the process wasn't working for them.

As long as any suggestion remains that Charlie might have been "guilty" of something (and a number of posters in this thread seem to be prepared to believe this), then Charlie is being maligned. This is no way to treat him.

Maybe the club are being kinder to him due to his long service, it could be he was guilty of something that was worthy of dismissal but the club allowed him to go quietly.
Offering him the mutual consent" option for him to maintain some respect rather than disclosing what actually happened to the world and not sacking him.

 

[ROSM]

I mentioned the concept of unproven in an earlier post. I have seen situations where witnesses have withdrawn evidence. The employer is left being unable to reach judgement as to whether someone was guilty or innocent. In criminal law you would be acquitted but employment law is murky.

 

[Westdene Wonder]

I am not prepared to accept this treatment of Charlie until the club explain why he has been sacked,mutual agreement can often mean resign today or be sacked tomorrow.
Thanking a loyal member of staff for his past efforts then disposing of him could well influence others joining the club.
Wishing you all the best in the future Charlie.

 

[dejavuatbtn]

Who the hell is going to put the cones out?