Further statement due today? *edit: Online now!*

[MJsGhost]

You are going to be sacked. Give up your rights to an appeal and in exchange we will give you 6 months pay and agree a 'by mutual consent' statement. We have to have an answer to this by 18.00. If not we will put out a 'dismissed' statement. Until then the dismissal is pending.

(Just an example but from my experience this can take a few hours).

The only thing shocking about the club statement is the use of the ugly americanism "appeal the decsion". This is England and people appeal against things.

That apart, I suspect it was pending because he was offered another way out and rejected it (Disclaimer: This is a guess, I am not claiming any insider knowledge).

This is how I see it too - I'm sure it was abundantly clear on both sides that he was toast - just horse-trading to try and establish a clean break with no appeal (from the club's perspective); severance pay (from Gus's perspective) and damage limitation for both sides's reputation (agreeing wording of press releases etc).

Perhaps it would have been better to carry on the negotiation, but how long would that take? If Gus was so concerned about staying, you'd have thought that he'd cancel a media commitment to try to salvage his proper job with further talks? Gus's lawyers would know that the club need to put this to bed quickly to salvage some semblance of pre-season so would logically play for time to get a better deal.

I have no doubt that Gus is just playing to the media with the whole 'I only found out while working at the BBC' sob story - anyone who takes his statement at face value and feels sorry for him is at best naive, or perhaps just stupid.

 

[Dandyman]

The only remaining question for me now is what point is there in appealing, and to whom ? Which higher independent authority will look differently at any "evidence" contained in the 500 page catalogue of misdemeanour and wrong doing, and come up with a different answer.

"Oh you're appealing, after 5 weeks of intricate case building and interminable nonsense - well that's different then - you can come back".

Sure, some different analyst might say he was harshly treated, and is due his compensation, but I can't for the life of me think who that might be.

It is the most bizarre process I have ever witnessed, and to claim he knew a decision was pending is about as obfuscated as you can get. I knew a decision was pending. The club are clearly having fun shafting the best manager we have had in years, and the noise will not abate once a run of poor results start. Tony Bloom is a star performer in my book, but I can't believe he won't feel he has been let down by his wishy washy team here - and it has left the club in tatters (hopefully only for the short term). Many lessons to be learnt here and I really hope they will be. Have they welcomed Tanno back to work today ?

The process is exactly what ACAS and the law say it should be. The club is not in tatters and I can't see anyone having fun.

 

[Seagull over Canaryland]

I believe the next formal deadline will be 5 days from last night which is the normal timescale for appealing against a disciplinary decision and should be accompanied by the grounds for the appeal. In return the employer should hear the appeal within a reasonably quick timescale.

If believe if Gus fails to register his appeal within 5 days then he is automatically gone and also compromises his right of appeal to a tribunal. It will be interesting to see if his legal advisers would support an appeal within the Club's process so preserving their options open to go on to external appeal.

 

[Sergei's Celebration]

Apology from the BBC would be a good start. The facts that the club released the statement at 19:14pm

I am bored of saying this now but the club statement was not released at 1914hrs. It was released at 2000hrs. this is proved by the clubs twitter timeline, Andy Naylors twitter timeline and Nick Szczepanik twitter timeline; who released a 'something gonna happen soon' tweet at 1955(ish) and then the statement was released.

Gus had finished the first part of the intro the Nigeria / Spain game, the feed had gone to the stadium, the statement was released.

Can people stop quoting 1914hrs as it is wrong. It doesnt matter what it says on the website, it was not on there.

 

[Westdene Seagull]

I believe the next formal deadline will be 5 days from last night which is the normal timescale for appealing against a disciplinary decision and should be accompanied by the grounds for the appeal. In return the employer should hear the appeal within a reasonably quick timescale.

If believe if Gus fails to register his appeal within 5 days then he is automatically gone and also compromises his right of appeal to a tribunal. It will be interesting to see if his legal advisers would support an appeal within the Club's process so preserving their options open to go on to external appeal.

Whatever happens around the appeal this is NOT going to an employment tribunal. It will go straight to County Court as a contract dispute. That means both sides will need to air their dirty washing - looking on the bright side it means we all get to see the truth.

 

[Mackenzie]

Whatever happens around the appeal this is NOT going to an employment tribunal. It will go straight to County Court as a contract dispute. That means both sides will need to air their dirty washing - looking on the bright side it means we all get to see the truth.

Can't see Poyet wanting that scenario.

 

[Westdene Seagull]

Can't see Poyet wanting that scenario.

All he has left to him now before court is an internal appeal. There can only be two results to that :

1. Original decision was incorrect, you can have your job back.
2. Original decision upheld.

I'm sure we all agree, excluding some miracle, option 2 will be the outcome.

That will then leave Gus with three options :

1. Walk away and chalk it up as a bad experience
2. Go to an employment tribunal. Somewhat unlikely given the most he could get out of that is £80k ( if memory serves me correctly )
3. Go to County Court for breach of contract - damages effectively unlimited although they will be awarded to either party based on the contract.

You're seriously suggesting option 1 in either list will happen ??

 

[Rookie]

We can all argue the meaning of the word "pending" till we're blue in the face but Gus knew he was going 100%, his son Diego tweeted Saturday night "no more trips to the Amex" then deleted it.

Please stop posting that, it is a complete lie. He posted that message after the statement had come out at gone 8 on Sunday night

 

[Seagull over Canaryland]

Can't see Poyet wanting that scenario.

Hence my earlier question whether Gus's legal advisers will support an external appeal, it is a two-edged sword to be cross examined in public court and probably won't show him in a good light. Plus the financial costs would be significant.

Although it would prolonging this business which isn't helpful for anyone I think the Club would relish the opportunity to put its side in Court because the evidence in the discipline case is no longer confidential.

 

[Mackenzie]

All he has left to him now before court is an internal appeal. There can only be two results to that :

1. Original decision was incorrect, you can have your job back.
2. Original decision upheld.

I'm sure we all agree, excluding some miracle, option 2 will be the outcome.

That will then leave Gus with three options :

1. Walk away and chalk it up as a bad experience
2. Go to an employment tribunal. Somewhat unlikely given the most he could get out of that is £80k ( if memory serves me correctly )
3. Go to County Court for breach of contract - damages effectively unlimited although they will be awarded to either party based on the contract.

You're seriously suggesting option 1 in either list will happen ??

Answered far more concisely than anything I could have managed below. VVV

Hence my earlier question whether Gus's legal advisers will support an external appeal, it is a two-edged sword to be cross examined in public court and probably won't show him in a good light. Plus the financial costs would be significant.

Although it would prolonging this business which isn't helpful for anyone I think the Club would relish the opportunity to put its side in Court because the evidence in the discipline case is no longer confidential.

Er...this.

 

[Twinkle Toes]

If it does end up in the Courts, I wonder how many Loyalty Points we'll need to get a ticket in the public gallery?

 

[Barrel of Fun]

2. Go to an employment tribunal. Somewhat unlikely given the most he could get out of that is £80k ( if memory serves me correctly )

Plus the rest. Injury to feelings, loss of earnings etc.

 

[sydney]

my god .....what an effing melt down.........binfest of the highest order...

 

[ROSM]

No...at 7pm its been reported.

I saw it at 8.15 if that's any help.

 

[Westdene Seagull]

Plus the rest. Injury to feelings, loss of earnings etc.

The maximum includes those bits. Breach of contract maximum is £25k.

 

[The Large One]

No...at 7pm its been reported.

The Tweet from the club announcing the announcement is timed at 8.02pm.

That would be 48 minutes after the time listed on the announcement.

 

[Postman Pat]

I am surprised that if this is such a big cock-up by the club, the LMA would be all over this like a rash. They have said nothing, which to me says the club did inform Gus and his representatives (including LMA) in plenty of time, and Gus is playing the martyr.

 

[Westdene Seagull]

Hence my earlier question whether Gus's legal advisers will support an external appeal, it is a two-edged sword to be cross examined in public court and probably won't show him in a good light. Plus the financial costs would be significant.

Although it would prolonging this business which isn't helpful for anyone I think the Club would relish the opportunity to put its side in Court because the evidence in the discipline case is no longer confidential.

Answered far more concisely than anything I could have managed below. VVV

Er...this.

I'm intrigued - what makes you both think Gus will just walk away once his appeal is dismissed ?

 

[The Large One]

I am surprised that if this is such a big cock-up by the club, the LMA would be all over this like a rash. They have said nothing, which to me says the club did inform Gus and his representatives (including LMA) in plenty of time, and Gus is playing the martyr.

I'm not sure you can read anything concrete into their silence right now.

The LMA are supporting Gus' stance, not driving it.

 

[somerset]

The LMA are supporting Gus' stance, not driving it.

That was certainly not the picture they were painting for themselves when they chipped in last week, why would their stance change?..... unless they now recognise that they jumped in too heavily and too soon.