Via the LMA ' surprised that an independent person wasn't appointed to hear the appeal' whatever the rights or wrongs of the case I think he's got a good point!
I disagree as the Allam's are the club owners and they have followed procedure correctly.Wheather that is ethically right or not is another debate.
Here's the statement... "It goes without saying that I am very disappointed that there wasn't a favourable outcome to my appeal against my dismissal as manager of Hull City AFC, I was surprised that the club did not appoint an independent person to hear the appeal and I am now considering the outcome in detail and will consult with the LMA's legal team before deciding on any further action. "Whatever the future holds, I want to reiterate my thanks to the fans, players and staff for the support they gave me during my seven years service to the club. I sincerely hope that next season brings success both on and off the field."
Totally agree. The whole sorry saga should be made into a film called..."Billy Smarts Circus meets Fawlty Towers." I will be amazed IF Nick does not carry on with his action. For starters can we all be told what he has done to be sacked ? Slagging off your boss is not a sackable offence on its own. Employment Law and all that.
We didn't complain when the exact same routine was used to dispose of Jimmy Bullard, getting Ehab to do the firing and Assem to hear the appeal. They are following protocol and have technically done nothing wrong. What works in Nick's favour is the nature of his dismissal, he was not guilty of gross misconduct, his behaviour warranted a warning at best. As such the LMA lawyers could easily win in court for unfair dismissal using the conflict of interest as further evidence. Out of court settlement anyone?
Out of court settlement anyone? Does he want the money or does he want to clear his name? If it's the latter let's hear it so we can make our own minds up.
From what I've read or heard NB say in interviews, he has been unfairly dismissed. Though if you've spent £50m on a club, I guess you can do what you like. I hope he is fairly compensated and gives management a go elsewhere, as he was showing promise. UTT !
I dont think Nick is doing it for the money, Just Simply to Clear his Name. Any money awarded to Nick of course would not be rejected.
Fair point, although an out of court settlement would essentially be an admission of guilt from the Allam's, why pay up when you could win in court and pay nothing?
I think it was very unfair for Ehab to sack him then Assam to hear his appeal, it was a foregone conclusion what the outcome would be. I would have preferred someone independent and unbiased in any way to hear from both sides. The whole thing leaves a very nasty taste and could have been easily avoided. The Allam's could simply have said that as we did not reach the play offs they were sacking Nick in favour of a more experienced manager, nothing different to what other football clubs do. Managers are hired and fired all the time. If that had happened we might have said **** what a shame and had a few grumbles but nothing like the way it has split the fans at the moment. I hope that we can hear Nick's side soon as he must be feeling very angry and frustrated about the whole thing, after all he did love this club.
I believe that you have to have 12 months in the job to be able to claim unfair dismissal. NB doesn't have that, unless his employment as a player counts towards his continuity of service, but I doubt that. No it isn't an admission of guilt. There are risks in any litigation. You may have what you consider to be the strongest case, but you can still lose at trial. Plus I think that you cannot recover your costs in the employment tribunal so even if the Allams won, they would be severely out of pocket in lawyers' fees
I can't believe it actually meets employ law, it's a complete farce, I'm sure no court would be happy with it. It was funny in Jimmy's case, but in these circumstances, it's not funny at all.
I think it is what ACAS recommends as a fair disciplinary procedure. I think there are contingencies for small businesses where the same person would carry out the disciplinary and the appeal (which wouldn't be fair). Perhaps the club should have done that, but having employed this procedure with Bullard, if they didn't use the same procedure Nick could have said that they didn't follow their own disciplinary procedure, which would give him extra ammo. Tricky situation really, but I can understand why AA heard the appeal
Nobody was complaining about there being no fair appeal process last year. You can't have it both ways.
So Nick has no case at all then? That's a shame, if true he won't even get a chance to clear his name, he'll just have to accept the decision and move on.
That's already been mentioned, difference is Jimmy WAS guilty of gross misconduct hence the PFA failing to take it to court and the Allam's not having to pay him a penny.
