[Albion] Dan Ashworth joins Newcastle

[dwayne]

Exactly this.
It’s not as if we are holding him without paying him. We are paying him handsomely for doing nothing. He signed the contract.
If the Saudis want him out of this position then they’ll have to meet our compensation demand.

Yes but we can't just put an arbitrary figure on it. I suspect that Newcastle would have to pay (maximum) double his remianing salary if it went through court. Which I'm sure they're more than happy to meet now.

Can't blame Tony for digging his heels in though. Longer it goes on the funnier it is.

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[heathgate]

Yes but we can't just put an arbitrary figure on it. I suspect that Newcastle would have to pay (maximum) double his remianing salary if it went through court. Which I'm sure they're more than happy to meet now.

Can't blame Tony for digging his heels in though. Longer it goes on the funnier it is.

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Albion can put any figure on it, its payment to compensate the club for disruption, early release from notice period, cost of interviewing and recruiting from a new set of candidates, potential drop in backroom performances

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[dazzer6666]

Yes but we can't just put an arbitrary figure on it. I suspect that Newcastle would have to pay (maximum) double his remianing salary if it went through court. Which I'm sure they're more than happy to meet now.

Can't blame Tony for digging his heels in though. Longer it goes on the funnier it is.

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We absolutely can, because it won’t be in the contract. Message is simple - pay what we want, or wait.

 

[dazzer6666]

Bloom has form with this stuff though. 'Aren't usually enforced' won't bother him. Remember how he dealt with Gus leaving? Sacked him for gross misconduct and refused to give him a pay off. Any other club in the league would have sacked him and paid up the contract, as is standard practice.

Yep, I’m loving it. Don’t **** with little old Brighton

 

[Eric the meek]

We absolutely can, because it won’t be in the contract. Message is simple - pay what we want, or wait.

Could we also please insert a little clause to the effect of 'hands off our players' if you want Dan Ashworth early?

 

[Creaky]

We are hardly holding him prisoner. He's been put on gardening leave while serving the notice period which is specified in his contract, a contract he would have signed freely when he accepted the role with us. He's still being paid and is still entitled to all benefits stated in his contract. This is standard practice across a lot of industries when someone leaves and goes to a rival. It protects both the employee and the employer.

It certainly doesn’t protect the employee.

There are many industries as well as occupations where extended isolation from technology and/or industry contacts can seriously impact on an employee’s future employment prospects.

It’s not the same as serving out a period of notice where an employee still has contact with fellow employees and other industry contacts.

Where gardening leave is used to delay employment with a competitor the purpose is not to protect employer “secrets”, contacts etc, (there are other ways of achieving that within a contract). The purpose is to “harm” the competitor by keeping the future employee out of the market place and often as retribution on the employee for daring to leave.

It’s all very well to say the employee signed the contract, (and I am surprised how many do), but when it’s a rolling contract there isn’t a notice period as such - it’s a matter of how the contract is ended, by mutual agreement, by monetary compensation or by completing the contract. Putting someone on gardening leave is not completing the contract by the employer - the employee whilst on gardening leave no longer holds the position stipulated in the contract and can no longer carry out the work detailed therein. An employee has no equivalent option that they can enforce on the employer. That is why gardening leave clauses are not equitable.

 

[zefarelly]

My Mate saw DA at the Gay pride Garden centre in Ditchling earlier, said he was (eyeing up a) Green house.

 

[Rookie]

Yes but we can't just put an arbitrary figure on it. I suspect that Newcastle would have to pay (maximum) double his remianing salary if it went through court. Which I'm sure they're more than happy to meet now.

Can't blame Tony for digging his heels in though. Longer it goes on the funnier it is.

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Ofcourse they can if we say pay us x amount or you have to serve your notice period there is nothing any one can do. Notice period is the notice period

 

[Creaky]

Ofcourse they can if we say pay us x amount or you have to serve your notice period there is nothing any one can do. Notice period is the notice period

I thought DA had a rolling contract, in which case there won’t be a notice period, simply a contract for a period of time - subtle difference.

 

[zefarelly]

I thought DA had a rolling contract, in which case there won’t be a notice period, simply a contract for a period of time - subtle difference.

It would have been a season to season contract Shirley?

 

[GT49er]

I'm sure we can prevent him formally taking up his duties at Saudi FC, but I don't suppose we can do much about him phoning Amanda and saying, 'Hey Mandy - have a look at this - https://www.brightonandhovealbion.com/club/stadiums/training-centre - what you need to get started on is sourcing an X hectare site, flattish, where there won't be any problems getting planning permission. Gimme a call when you've got a few possibles lined up and we 'll have another canny wee chat, eh bonny lass?'

And making a few other casual suggestions, no doubt.

 

[zefarelly]

Oi Skeletor, Buy the local waitrose an' wuh nee't tuh slap a 3g pitch on the screeve wreck.

a little more concise [MENTION=12935]GT49er[/MENTION]

 

[Mancgull]

I'm sure we can prevent him formally taking up his duties at Saudi FC, but I don't suppose we can do much about him phoning Amanda and saying, 'Hey Mandy - have a look at this - https://www.brightonandhovealbion.com/club/stadiums/training-centre - what you need to get started on is sourcing an X hectare site, flattish, where there won't be any problems getting planning permission. Gimme a call when you've got a few possibles lined up and we 'll have another canny wee chat, eh bonny lass?'

And making a few other casual suggestions, no doubt.

He’ll have to be careful to use ‘Mandy’ rather than ‘Bride of Frankenstein’ which must cross his mind regularly.

 

[Taybha]

So what's he going to do for 3 months ? Would you take his word on anything anymore? Blooms not daft he'll put him to work as the clubs waterboy hopefully.

 

[Seagull58]

I thought DA had a rolling contract, in which case there won’t be a notice period, simply a contract for a period of time - subtle difference.

A rolling 12 months contract would be glorious. 12 months gardening leave but mandated to go to Barber's office whenever he clicks his fingers.
If only.

 

[Baldseagull]

Apparently Tony and Amanda are not seeing eye to eye over the compensation.

 

[Surf's Up]

 

[LamieRobertson]

It would have been a season to season contract Shirley?

What like Winter to Spring?

 

[B-right-on]

It certainly doesn’t protect the employee.

There are many industries as well as occupations where extended isolation from technology and/or industry contacts can seriously impact on an employee’s future employment prospects.

It’s not the same as serving out a period of notice where an employee still has contact with fellow employees and other industry contacts.

Where gardening leave is used to delay employment with a competitor the purpose is not to protect employer “secrets”, contacts etc, (there are other ways of achieving that within a contract). The purpose is to “harm” the competitor by keeping the future employee out of the market place and often as retribution on the employee for daring to leave.

It’s all very well to say the employee signed the contract, (and I am surprised how many do), but when it’s a rolling contract there isn’t a notice period as such - it’s a matter of how the contract is ended, by mutual agreement, by monetary compensation or by completing the contract. Putting someone on gardening leave is not completing the contract by the employer - the employee whilst on gardening leave no longer holds the position stipulated in the contract and can no longer carry out the work detailed therein. An employee has no equivalent option that they can enforce on the employer. That is why gardening leave clauses are not equitable.

Of course gardening leaves are there to protect the employer because they are the ones susceptable from employees leaving with their 'secrets' and taking them to the enemy. The employee will profit from this by getting a new shiney improved pay packet from the competitor to bring all the juicy secrets and knowledge across so they get 'rewarded' whilst the employer gets 'punished'.

DA didn't HAVE to leave the FA and join Brighton. Nor did he HAVE to sign the contract, he could have gone somewhere else. Neither did he HAVE to shaft Tony, Paul and the Club by being all mercenary for Saudi cash and dump us in the poo (no matter how well tis planned, there will be disruption to the Club by this change of leadership in this area). So he gets ZERO sympathy from me.

If the employee doesnt like it they had the option not to take the job in the first place and sign the contract - or keep your bloody word (the contract) and stay, don't leave. Simple.

 

[Creaky]

Of course gardening leaves are there to protect the employer because they are the ones susceptable from employees leaving with their 'secrets' and taking them to the enemy. The employee will profit from this by getting a new shiney improved pay packet from the competitor to bring all the juicy secrets and knowledge across so they get 'rewarded' whilst the employer gets 'punished'.

DA didn't HAVE to leave the FA and join Brighton. Nor did he HAVE to sign the contract, he could have gone somewhere else. Neither did he HAVE to shaft Tony, Paul and the Club by being all mercenary for Saudi cash and dump us in the poo (no matter how well tis planned, there will be disruption to the Club by this change of leadership in this area). So he gets ZERO sympathy from me.

If the employee doesnt like it they had the option not to take the job in the first place and sign the contract - or keep your bloody word (the contract) and stay, don't leave. Simple.

At some time senior employees are likely to leave their current employer - to suggest that doing so is somehow ‘shafting’ their employer, being mercenary and dumping them “in the poo” is just plain silly. When they do leave it is unrealistic to believe that they won’t be doing so to join a competitor. What do you expect them to do, learn a completely new skill set?

There are numerous methods to protect proprietary information and other confidentialities being misused by ex-employees - senior executives regularly move between organisations and if there weren’t such measures in place and they were truly necessary you would regularly hear of court cases.

As I’ve mentioned in previous posts I don’t understand why contracts with a gardening leave clause get signed, An employment contract always has details of how they can be terminated, handing in your resignation is not breaking your “bloody word”. The only ‘promise’ an employee makes is that they will continue to carry out the work they were employed to do until the time defined by the contract is up. Gardening leave prevents them from doing this.

One thing that I’ve not seen mentioned is how the saga of DA leaving and the way the club has reacted may have on hiring potential future employees - would you be keen to join an organisation that on the face of it wants to make leaving in the future as difficult as possible and likely to sabotage any future employment prospects?

I’m sorry to see DA leaving the club but IF the club’s demands on Newcastle are being purposefully unrealistic, (something we don’t know one way or another), in order to ‘punish’ DA for daring to resign then I’m not impressed and I think it might come back to bite us.