There is nothing stopping him doing an exclusive now or since the sacking. Its purely money now. Surprised at it not being an independent person- bollocks. The only other side i can see is the Allams promised money and then like 99% of chairmen of small clubs said actually things have changed there's no pot of gold, you will have to wheel and deal like all the other managers in the division.
I don't doubt that for a minute OLM but, in my opinion, only anybody who was actually there at the time can categorically say who said what. So it would still boil down to who each individual believes whether that be the Allams or Nick.
[video=youtube;JRx90mOXS7Q]http://www.youtube.com/watch?v=JRx90mOXS7Q[/video] reminds me of this ..ha
Looking at this neutrally (yes I know). The internal hearing reached it's highest level. Employment appeals have to follow a predetermined route. Internal and then external. only after the first stage has been completed can any independent hearing take place. My question is if an independent arbiter was appointed, who would make the appointment? If it is the employer, the employee could complain that the independence was lost and visa versa. Now both parties can move to the next stage. FIGHT!,,,,,
Only funny thing that **** Stephen Fry has done, pretend bi-polar spoilt posh twat!! Ahh feel better for that.
Good lads them Allams. Kerry Katona's another bandwagon jumping mentalist who will have to pay full pops too!! And Robbie (still in the closet) Williams. ****s the lots of em.
I think the difference there is that sacking managers for underperforming involves paying them off. That's why you can do it whenever you like. They certainly didn't want to pay Barmby up.
Employment Rights Act says you have to have had a minimum of 1 year's continuous employment to be protected by it. Barmby will qualify for it as he has been continuously employed by us for longer than that. If giving someone a promotion was a way of voiding that then there'd never be a case got to court because companies would just promote someone they wanted to offload, give them a few months, and then tell them to **** off and there'd be nothing they could do. Now contrary to Tickler's post (fancy that he's wrong about something else) slagging your boss off or undermining them publically is a sackable offence, that's why people keep getting sacked for things they say on Facebook. An implied term when you form an employment contract is that the employee will respect the employer. Barmby wasn't sacked for asking for money, he was sacked for repeatedly suggesting that he doubted there'd be money. You only need to look on here for the last few months of the season to see that his comments were undermining the owners. If you're then looking at whether he was correct in saying that, from a legal position you'll take his previous comments from the January window where he said he wasn't going to spend the money he was given just for the sake of it. Given he's said he was given money in January, it's then his responsibility to show the owners had changed their stance for the summer. The alternative is he says he was lieing in January and makes pretty much all of his evidence now unreliable as his statements are no longer trustworthy. You're also looking at the fact they're saying it was his actions over a period of time, so you're looking at them having told him to pack it in and him having ignored them. Repeated incidents of disobedience will constitute misconduct to a level where sacking is fair. And I hope to God my understanding of the law here is better than most on here at the moment, because I'm the one that's just sat an assessment on the ERA and the various anti-discrimination acts.
Well, the problem most people have is that the initial inquiry/sacking was done by Ehab & the appeal heard by Assem, unfortunately this is how it works in any job. Initial inquiry by a manager/supervisor then appeal/final decision made to top Manager, GM. It's unfortunate that in this case both are family so it does sound dodgy. However NB must have had someone with him, perhaps legal representative, or someone from the LMA, or both. I've seen a lot of this type of thing & sometimes you don't stand a chance, the usual saying of,"if your face doesn't fit." I think that some people on here have hit the nail on the head regarding NB's initial hiring in the roll, was done by AP. So that would make the Allams want more of a name than him, the old any excuse to get rid so they can bring in their own guy.
I.know what you're saying about continuous service, but I'm not sure that his time as a player would be counted. The role of player wouldn't ordinarily lead to management so it wouldn't be classed as a promotion, it is a completely different job. I have seen contracts which categorically state that time served as an x aren't counted as part of continuous service. They are normally full time contracts after the end of a traineeship or probation though. It may be that nothing is in his contract so he does have over 12 months service but I wouldn't be at all surprised if he didnt due to a term in his contract
The issue there is precedent, a large number of managers question the backing they get from the board at their respective clubs, it's common practice, it has led to sackings before, but it doesn't normally. I think your later point about being told to stop, but deciding to carry on with a toned down version is probably more of an issue. I'd be surprised if Nick's time at the club wasn't considered continuous, particularly as he was already employed as a coach when he was moved up to manager.
You talk of a pay of as if this is what Nick is after. I doubt it has anything at all to do with money. I think at some point we will hear his side, don't forget he lives in this City, he loved this club he will not want his reputation and good name spoilt by the Allams.
So the mention of fisticuffs earlier in this or another thread was just another bit of made up stuff to add to this sorry saga?
Was he not registered as a player tho? Therefore his time as a coach would not count towards his managerial role IMO