Charles Green âTupe regulations are very, very clear, we were notified by HMRC this morning and we immediately called a meeting of the staff. [The] newco will have Tupe regulations, and we would expect that all of the employees including the players would transfer into newco. âWhile under Tupe regulations we are obliged to take up on all of the contracts, obviously someone may decide that they donât want to be part of the newco. But at that point they would be in breach of contract.â Mark Hamilton (Partner and Tupe expert with law firm Maclay Murray & Spens) The legislation made a specific exception in the event of insolvent liquidation. âThe current Tupe Regulations, which became law in 2006, do say that, in general, employeesâ contracts are automatically transferred when a companyâs business is sold from administration. âBut the rules are different for liquidation. In that case, the key point is that employees do not transfer under the Regulations, though they are free to agree new contracts with the buyer of the business. âRegulation 4 is the one which refers to contracts transferring under Tupe and this applies to administrations. However, Regulation 8 (7) says that this automatic transfer of employment contracts does not apply in the event of liquidation. Players and other employees can choose to move to the newco. But, if people do not want to go, they cannot be compelled. âWhat happens is that, at the point when a liquidation commences, employment contracts are terminated. That does not mean they become null and void, because employees can still make claims on the company, such as for any wages due. But, from that point they are under no obligation to work for the liquidated company or any newco unless that is agreed.â
One thing this whole affair has demonstrated clearly is just how inept the vast majority of scottish sports writers are, the above being yet another example of their tendancy to regurgitate verbatim any line fed to them without the merest hint of enquiry or critical examination.
Phil MaGob, RTC and Alex Thomson have made Scottish sports "journalism" look corrupt, inept and amateurish throughout this whole farce.
Derek Johnstone on Real radio the other night was talking some absolute garbage, obvious nonsense which lay unchallenged. If I did not like the big guy so much I would have phoned in and shown him the error of his ways. I was staggered by the amount of lies and misinformation he was doling out, much like the vast majority of the MSM.
Surely it's common sense, I don't see why it's getting Dev all beeled up? You work for one company that goes tits up, you're free to go and seek employment elsewhere? Old Russ is certainly in an excitable mood these past few days, is there a dope-drought up in the Gareloch
Yes i'm furious about this Edge If only Rangers fans had not sat on their hands for the last few years and actually asked some hard questions, perhaps charlatans like Murray, Green and Whyte would have been rooted out before ruining Rangers. We Tims tried leading you to water but some of you will not drink from the fountain of Declan.
The Fountain of Declan; A mythical place whereby not swallowing any auld ****e spoon-fed to you frees you from enslavement. This freedom is usually found by asking questions and when questions aren't answered, joining forces, forming allegiances to travail the long road to 'Ra Car Park.
The had to choose between believing in Celtic supporters like Phil McWhatever and the RTC bloke or the MSM. The MSM tripe was more palatable to them so they chose that. Have they learnt their lesson? Will they blindly follow Charles Green as he asset strips them and walks away with millions? Time will tell.
There are people on this forum still in denial, chapper and HTF to name but two. It's all very sad but nevertheless predictable. Never listen to Timmy, he can't be trusted.
I honestly don't think Green gives a **** about the players. Why should he? He's already said he wants to be in and out of the club in no time. Ibrox and Murray Park for £5.5m and sell them to the highest bidder. Didn't he once say while at Sheff United that if he could make more money growing Spuds on the pitch than playing football he would? Mans at it big time but the Williams have too much deferential, forelock tugging 'dignity' to properly question him. 'Mon yourself Charlie Bhoy
Yep, that's was my understanding. The player contracts do transfer to the newco but are not legally binding. The players can walk if they want. This was backed up by a statement by whitshisface, the player's association heid bummer.
Green saying the players would be breaching contracts is a strange one. Like him putting a paltry CVA in then telling all and sundry that he had a 20 man list of targets, some of which were at the Euros. He nobbled the CVA and I think he wants any big earning players out the door.
Charles Green seems to be a bit of a clown. Probably not a funny one if you're of the bear persuasion. Another bit of crap journalism which seems to have been missed was when Green was being interviewed by the Beeb inside Ibrox after the HMRC decision. He said that a liquidated club being alllowed back into the SPL wasn't a new thing, there were precedents with other clubs. The journo asked him what other clubs? Green said he didn't know the names... Sorry, what? Don't you think you should be right up to speed with these things, Mr Green? Isn't it important for your investors to understand what the previous procedures were with liquidated clubs in the SPL? I was shocked by this, but the journo never pushed it further. Then there's Green's failure to grasp the TUPE regulations. Isn't that a wee bit important too? It seems to me as if the learned opinion is that Green and D&P have just let several million quid of assets walk out the door. And what about Green's surprise and anger at HMRC's decision. Was this a policy they just made up this week, he asked? Well no, Charlie, apparently HMRC have a written down policy on CVAs in these circumstances which says they won't accept them. The insolvency expert lady on the Newsnight Scotland interview the other night said she had pointed this out on the show weeks ago and that it was common knowledge in her industry. And during another interview, when being probed about his deal to buy Rangers, he claimed it was 'watertight and legally binding'. hte journo asked him if that meant that no third part could come in with an alternative bid, to which Charlie replied 'well a smart guy could come in, but that would just confuse things...' Eh? Either it's legally binding etc. or it's not. Imagine you were one of his investors. How happy would you be with his grasp on things? I'd be out. A proper Charlie indeed.
