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[Albion] Dan Ashworth joins Newcastle
- Thread starter saafend_seagull
- Start date
- Nov 11, 2009
- 12,252
Come on Everton.... Super Frankie Lampard!
Live by the sea
Well-known member
- Oct 21, 2016
- 4,718
Was wondering how much the compensation likely to be if Newcastle want him within the next month or so . I suspect gardening leave at his level is 12 months .
Neville's Breakfast
Well-known member
He will have signed his agreement to such a clause upon commencing employment at BHA
Probably 6 months - which is what he had when we took him from the FA
Mike Small
Well-known member
- Dec 26, 2008
- 2,975
Good. TB knows what he's doing doesn't he. Get as much money as you can please. They are awash with it. The sports washing p*****
Come on Everton tonight. Always loved Frank Lampard.
Mellor 3 Ward 4
Well-known member
Good - they've got plenty of money.
Mellor 3 Ward 4
Well-known member
Interesting - did the FA make him wait (strange as we were hardly a rival) or did we pay a release clause?
Joey Jo Jo Jr. Shabadoo
I believe in Joe Hendry
- Oct 4, 2003
- 12,036
We waited, but it's highly likely the option of paying a release clause wasn't there as the FA wanted him to work his notice period to aid transition to the person who took over the role. We've only gone down the gardening leave route to protect the club while trying to get the compensation want out of Newcastle, if they won't pay then we will pay Ashworth to sit at home for his notice period.
Neville's Breakfast
Well-known member
Better to keep him to his contractual terms than accept a fee for early release. It’s Tony’s money though.
- Aug 24, 2020
- 7,045
Last edited:
Mancgull
Well-known member
I’m suddenly moving from being disappointed to enjoying the fact that we have Newcastle by the short and curlies on this one. Pay us our compo in full or we don’t release him from his contract. No Dan til beyond the summer transfer window. That must be worth a few million from the Saudis. Enough to fund a very nice replacement.
Don’t mess with us, Newcastle. They already tried to low ball us on Dan B and failed and now they’ll do the same with Dan A.
Don’t mess with us, Newcastle. They already tried to low ball us on Dan B and failed and now they’ll do the same with Dan A.
Well that's interesting if true (although I'm not sure it's right)
Could that be why he resigned after the transfer window and Dan burn had gone there?
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Neville's Breakfast
Well-known member
Unsure. I don’t know the specifics of his contract but it’s pretty standard to have such a clause when you sign your contract. I certainly had such a clause at a few banks. It banned the hiring of colleagues for six months after my subsequent departure.
Creaky
Well-known member
In practical terms there is nothing TB can do to stop DA from ignoring “gardening leave”. No real penalty that could be directed at him. - if he did and then went to work for Newcastle then they would need to get a “cease and desist” order from the courts which can be a fairly drawn out procedure.
If such an order were ignored that is when it gets serious, (contempt of court). Of course there is no guarantee that such an order would be granted as the judge has to consider whether either side is being unreasonable. Is it reasonable to keep someone away from their normal place of work and at the same time prevent them from working elsewhere despite being offered financial compensation. I wouldn’t like to bet either way on that.
Practically, he'll be doing some work for Newcastle and everybody knows that.............but Tony is just making things as difficult as possible for them and him - as he's still contracted to us, he can't start there officially, so won't be able to meet (officially) with other clubs, suppliers, agents etc etc nor commit the club in any way (partly why we've been very public in announcing his G/L). It's perfectly reasonable and legal to hold him to his notice period, **** all he can do about that really.
Kalimantan Gull
Well-known member
Surely thats been tested in the courts already.
Presumably it comes down to whether notice periods are enforceable (I'm sure yes), and whether his job description can be changed to read 'stay at home and do nothing'. As job descriptions do not form part of employment contracts, which generally specify that they can be changed, that shouldn't be an issue. But anyway, the courts will have tested it at some point.
I guess the thing here is that it is VERY public. Newcastle can't appoint DA until they either pay up, or wait until the end of his notice period (I read somewhere that he could have been on a 12 month rolling contract). BHA will have got good legal advice on this, and I think the issue of "reasonableness" is covered by the fact that NUFC are our direct competitors - it is therefore "reasonable" to have a long notice period, and reasonable for the Albion to hold him to it. Plus, the whole football world will know that DA should be on gardening leave....and I can imagine that pretty much all Premier League clubs would be quite happy to shop DA and NUFC if they try to do anything underhand. Of course, it would be very difficult to stop DA starting work on planning Newcastle's new structure, etc, but I guess what TB really wants is some compensation, and then everyone can move on.
Joey Jo Jo Jr. Shabadoo
I believe in Joe Hendry
- Oct 4, 2003
- 12,036
While on gardening leave he is still a paid employee of the club, so has to abide by the terms and conditions of the contract he signed. If he was to breach that contract the club would have cause to sue him for the wages they paid him while on gardening leave and he'd also no longer be liable for any bonuses etc due to him. If this was to happen it wouldn't look good for Ashworth personally as it's likely to be played out in public and if it all goes wrong at Newcastle, then would be a stain on his reputation and he'd have to potentially explain these actions in an interview for a future role.
Gardening leave is standard when people in these type of roles leave to go to a rival, across most industries. Dan Ashworth knows that so do Newcastle. It's up to Newcastle to do the right thing and pay the compensation we want if they want him quicker.