Jonas to Sue NUFC

Most clubs will I am sure have private health insurance for all the players and probably family members. These will generally include all medical expenses/hospitalisation/ for treatment of injuries, illnesses etc. Working overseas its standard and I know mine includes treatment for cancer and only costs about UKP800 quid per year. I cant believe the club wouldn't provide that for their senior employees including players.

 

I can

 

If that is the case then I am sure the club would have paid for it as the cost would be borne by the insurance. I still think it's something to do with a contract clause that was not upheld. Maybe a contract extension on some sort of performance criteria or pay to do with his loan deal to norwich. I do not believe it to be linked to treatment of his cancer.

 

This seems to have gone quiet. Anyone hear anything?

 

Tongue firmly in cheek mate. Look **** knows what has gone on with this but I'd be inclined to believe Jonas has a very real grievance. I don't know the details though so I am not willing to condemn either party. That's what the insurance/litigation process is there to resolve. I always think people are far too quick to jump on one side or the other without any sort of understanding. I just hope if I'm ever in the dock, I don't have any of these types on my jury

 

It's fairly simple from the outside, but obviously a lot more complex:

1. Jonas didn't have his contract renewed
2. Under the Employment Rights Act 1996 - A non-renewal of a contract is classed as a 'dismissal' and an employer must show that there was a fair reason for not renewing. Not having a 'fair' reason is classed as unfair dismissal and using a condition such as cancer is direct discrimination.
3. Jonas is probably arguing that the club discriminated against him based on his illness under the Equality Act 2010 and the non-renewal of his contract was due to this.
4. He is apparently arguing that the way the club treated him whilst under contract was a breach of the Equality Act.

He either has some very strong evidence, in which case the club is in trouble, or it's a tenuous claim that will be thrown out.

 

This sounds like a stretch if its true. His contract was not renewed after the club won the last game of the season, after he had recovered from cancer. The club would argue his contract was not renewed as he was no longer considered good enough. I suspect he will be trying to disprove this and will probably introduce Haidara and Coloccini into evidence as plaintiffs exhibit numbers 1 and 2.
It may be that the club told him 6 months before the end of his contract, when he was still recovering from cancer, that they did not intend to renew his contract, in which case he may have an argument.
Its interesting that non-renewal of a term employment contract can be classed as unfair dismissal - what's the point of having an expiry date if it cant just be allowed to expire?

 

They may struggle to prove he wasn't good enough after his West Ham performance when he got MOM and scored. If they thought he wasn't good enough why play him in what turned out to be the most important game for Newcastle in years with £100m at stake?

 

That's what I mean. If that is what he is arguing [and I am just guessing] then it's very difficult to prove.
Non-renewal can be in certain circumstances if the non-renewal wasn't for a fair reason. The courts though seem to have narrowed the definition because it in effect it makes it problematic getting rid of someone when a contract is up. I didn't actually realize this myself until very recently.

 

Seriously though this will never pass if that was the case. This is football and how it goes. I assume his grievance is more than just non renewal of contract.

 

Footballers are on fixed term contracts, they have a finite date of termination, as with anyone working on a fixed term contract you can't claim unfair dismissal if the term of the contract ends as this was an express condition of the contract at the time you entered into the agreement and knew this at the time.

 

Fixed term Contracts

If a contract isn’t renewed
This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for).

Workers have the right:

• not to be unfairly dismissed after 2 years’ service - for employees who were in employment before 6 April 2012, it’s 1 year’s service
• to a written statement of reasons for not renewing the contract - after 1 year’s service

They may be entitled to statutory redundancy payments after 2 years’ service if the reason for non-renewal is redundancy.

Also:

If you are terminating employment prior to the end of a fixed term, ordinary unfair dismissal principles apply. The termination should be treated as if terminating a permanent contract and the ACAS Code should be followed if the termination is related to performance or conduct, or a redundancy consultation should be undertaken if relevant.

 

QUOTE="Geordieginola, post: 8475038, member: 1004371"]I actually don't know what to think here. If he got paid then I don't see a problem. My work wouldn't pay for a private illness so why should nufc. And if it's because his contract was up then that's just tough luck. I can't see what he can sue the club for.[/QUOTE]Would a public illness be preferred?