Laudrup Seeking Legal Advice 'Hardly Surprising'
Mon 10th Feb 2014 | Legal
The revelation that Michael Laudrup is seeking legal advice following his dismissal by Swansea City is 'hardly surprising' suggests a top sports lawyer.
Ashley Wootton, Solicitor at Thomas Eggar LLP, believes its hardly surprising that the former Swansea boss who was dismissed by the club last week is seeking legal advice.
“Laudrup will have been employed on a fixed term contract, rumoured to have had between two and three years remaining on it,” said Wootton.
“Managerial contracts rarely contain early termination provisions because the idea of a lengthy fixed term contract is to achieve stability at a club and place a value on that manager in case a rival club makes an approach to take that manager from them.
“Laudrup is therefore likely to be entitled to be paid in lieu of the remaining period of his contract, subject to any mitigation clauses contained within the contract. Usual mitigation clauses can include a requirement to actively look for replacement work and being paid only until that replacement work is found.
“As Laudrup has been employed by Swansea for less than two years, he would not have a potential claim for unfair dismissal. In any case, with the tribunal cap for unfair dismissal being just £74,200 and the tribunal cap on breach of contract claims being £25,000, a tribunal is not the appropriate forum for football managers to bring employment disputes.
“Further, Laudrup has also complained that he has not been provided with a written reason for his dismissal. Under the Employment Rights Act 1996, an employee is only entitled to those written reasons if he has been employed for a period of at least 2 years.”
However, Wootton believes Swansea would be well advised to provide a written response to Laudrup, particularly if they are seeking to argue that Laudrup brought the dismissal upon himself through his actions.
“It is likely that Swansea and Laudrup will come to an amicable agreement in which he will receive at least part of the remaining sum due from his contract. Any settlement agreement will probably also include a non-derogatory clause on both sides to avoid any negative comments being made public.”
The League Managers’ Association are now advising Laudrup as to his best course of action.
“With Laudrup being the 29th manager to be dismissed this season, the LMA will be well practiced in advising Laudrup on how to proceed.”
Image: Action Images / Adam Holt Livepic
Posted by: Aaron Gourley
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