Likely appeal result

[Tooting Gull]

After last season...are we looking at another draw?

 

[TSB]

We all know he can't win from behind

 

[severnside gull]

We all know he can't win from behind

Indeed.
1-0 down = game over



Seriously. Internal appeal. Only one outcome then on to a tribunal.

 

[Thunder Bolt]

Money money money.

 

[backson]

I don't think it's about money at all, I think it's that Poyet wants his side of the story aired.

 

[Tooting Gull]

Seriously, that is very naïve. It is all about money. His lawyers are telling him what to do for the best chance of getting his contract paid in full. And then even after that, they may tell him to go for wrongful and/or unfair dismissal, which could be more money. He is being told not to cut ties in public until the appeal is over. And he will be very careful about another job now, the salary would have to be big as it would potentially undermine any pay-off settlement position with the club.

 

[DavidinSouthampton]

After last season...are we looking at another draw?

Are we allowed to speculate over this?

Surely it is impossible to comment unless:

You know what Gus was "charged with"
You know what Gus's defence will be.

 

[Tooting Gull]

 

[hans kraay fan club]

So WHO acftually hears the appeal? The same panel who heard the original case?

 

[Seagull73]

At any appeal hearing, the accused would have to have new evidence come to light that wasn't available at the original disciplinary hearing. In which case, Gus might appeal, but if he doesn't have new evidence to bring to the table other than 'its not fair' - the appeal hearing doesn't even have to take place.

 

[Seagull73]

So WHO acftually hears the appeal? The same panel who heard the original case?

No, their bosses, whoever that might be (would suspect it may even be TB)

 

[Tooting Gull]

I imagine so. Think this is an internal appeal. And if the original decision is upheld Poyet could then go to an external employment tribunal.

Or he could win the appeal, retake his position, and everyone would be pals again Hmm.

 

[COYP]

That's what I wondered? Surely the original hearing and subsequent sacking was done with full knowledge of TB and PB. In that case surely any internal appeal will have the exact same result?

The appeal should be held by an indepent court of arbitration surely?

UK HR law is notoriously about box ticking though. Once had to sack someone who just wasn't working out. I'd have preferred to say 3 months salary and on your way rather than have numerous ridiculous meetings all about papertrails and box ticking and then eventually just giving one month's pay.

As for those people saying 'Just wait until the truth comes out'. With UK HR law and the fact that other than some pr gaffes alog the way Brighton is a fairly professionally run club then short of it ended up in the courts then the truth will not be getting out.

 

[Seagull73]

The appeal should be held by an indepent court of arbitration surely?

Why? He only has the right to appeal under the clubs internal disciplinary procedures. Court of arbitration, ET's etc come much later and at Gus' expense.

 

[Hillian1]

The original hearing would have been held with a Director, the appeal will be held with another Director. At least that's how it works at my Company and I would assume it's the same for every employer.

 

[hans kraay fan club]

The original hearing would have been held with a Director, the appeal will be held with another Director. At least that's how it works at my Company and I would assume it's the same for every employer.

Thanks.

 

[brightonmark1234]

i appeal could take a couple of weeks

 

[Bra]

So WHO acftually hears the appeal? The same panel who heard the original case?

No other directors of the club not either involved in the investigation or original hearing.
They wont be looking for process errors that will be the job of the courts if it goes there but that original decision was fair, ie not being sacked for parking in wrong space and to hear any new evidence that gus may have.

Would be surprised if they over turn decision and am surprised gus is appealing to the clu , figured he would just go to the courts straight away.

 

[Tooting Gull]

No other directors of the club not either involved in the investigation or original hearing.
They wont be looking for process errors that will be the job of the courts if it goes there but that original decision was fair, ie not being sacked for parking in wrong space and to hear any new evidence that gus may have.

Would be surprised if they over turn decision and am surprised gus is appealing to the clu , figured he would just go to the courts straight away.

You are right, but one of the things a tribunal will look at is if every attempt was made, every avenue explored etc to resolve internally. That's why, not with any real hope or expectation of different outcome.

 

[Seagull73]

No other directors of the club not either involved in the investigation or original hearing.
They wont be looking for process errors that will be the job of the courts if it goes there but that original decision was fair, ie not being sacked for parking in wrong space and to hear any new evidence that gus may have.

Would be surprised if they over turn decision and am surprised gus is appealing to the clu , figured he would just go to the courts straight away.

He would almost certainly have to go through due process of appealing to the club before taking it to an employment tribunal.