Pre-Match Thread HMRC v SUFC - FINAL hearing on 1st March. DISMISSED

[kentblues]

Yep, this is how I understand it. There is nothing in the regulation that specifies the late payments must be in consecutive months, and players were paid late earlier in the season.

I thought actually this regulation is concerning consecutive months. I thought there is another that addresses persistent late payment? I.e in different months. But on re-reading it might be separate months. Doesn’t change the fact the club can just remedy by choosing to pay those players.

 

[Che's Left Foot]

Good point. Although in the unlikely event the club collapses i think the council would allow the houses without a stadium.

Not necessarily. Stolen from another poster:

 

[Kat_r]

Not necessarily. Stolen from another poster:

Hmmm. Don’t get the ‘any other club’ part. Maybe means build a stadium even if there’s no current club to occupy it.

 

[Che's Left Foot]

Hmmm. Don’t get the ‘any other club’ part. Maybe means build a stadium even if there’s no current club to occupy it.

All the more the reason for the ST to press ahead with the backup plans for a phoenix club...

 

[kentblues]

So as with all this stuff you have the rules and then you have the legal practicalities of how it is interpreted and attaching case law

Unilateral termination of a football player’s contract | EA Sports Law

The consequences of terminating a contract will depend on whether there is just cause, or possibly sporting just cause, or not, and whether one is within the protected period of three / two years. Both the player and the club may be liable to pay compensation and could even risk sporting sanctions

www.easportslaw.com

A particular issue may be about breaches needing to be material. So for example if you are paid a day or two late this is not a material breach and probably does not count. So have there been two months that constitute material breach? The Jan pay is the only one I can think of off hand (assuming 3 weeks is material)? The club will probably argue not and these matters are considered on a case by case basis.

 

[Shrimper51]

So as with all this stuff you have the rules and then you have the legal practicalities of how it is interpreted and attaching case law

Unilateral termination of a football player’s contract | EA Sports Law

The consequences of terminating a contract will depend on whether there is just cause, or possibly sporting just cause, or not, and whether one is within the protected period of three / two years. Both the player and the club may be liable to pay compensation and could even risk sporting sanctions

www.easportslaw.com

A particular issue may be about breaches needing to be material. So for example if you are paid a day or two late this is not a material breach and probably does not count. So have there been two months that constitute material breach? The Jan pay is the only one I can think of off hand (assuming 3 weeks is material)? The club will probably argue not and these matters are considered on a case by case basis.

It also says “if a club is more than two months late with a salary payment” rather than just “late for two months”, which suggests the months should be consecutive rather than any two months.

 

[brigg blue]

My understanding is that no player has handed in their notice, what they have done is sent in written default notices to the club.

No one actually wants to leave, what they want is to be paid for doing their jobs, this action creates a paper trail that can lead to cancelling a contract.

 

[danbowen]

This gets more and more painful every day with no news coming out. It feels like you have a close family member on life support and at this moment in time the doctors are starting to mention that they have no hope and considering turning it off.

I really hope some of the rumours are true that the money is already agreed (someone posted that jack bridges dad told them this yesterday and others saying Ron is saving £20k per week waiting) just get it sorted and get us moving on and give us clarity Ron!!!

 

[Callum]

Ron must sitting in his castle thinking do I pay or not lol

 

[tommy tucker]

With a team riding high batling against all odds .For Ron martin to thow all the hard work done .Really does not make any sence .If something has not been agreed why the hell is the club refusing to let players move on .That also does not make any real sence .Yes Ron is a complet arse .But dispite that he really is not that stupid to allow the club to be wound up a risk losing everything football related And his only way out of his own mire .Mabe its a thought of supported clutching at straws .But i would rather cluch at straws than roll over and give up .

 

[Barry.C]

This gets more and more painful every day with no news coming out. It feels like you have a close family member on life support and at this moment in time the doctors are starting to mention that they have no hope and considering turning it off.

I really hope some of the rumours are true that the money is already agreed (someone posted that jack bridges dad told them this yesterday and others saying Ron is saving £20k per week waiting) just get it sorted and get us moving on and give us clarity Ron!!!

I think you are right and that Ron has very likely got this in the bag but with 10 days to go , will wait until the last minute, if a saving of that magnitude per week is necessary

Whether he would tell us and confirm a few days before 1st March is interesting. I would like to think some statement of assurance could be made , but hard to do perhaps in lieu of the court appearance and the Judge might not like it

Either way im looking forward to the play off finals, if we have any forwards left, but embargo lifted offers opportunities, foe short term strengthening if hams to Ralph, Cardswell, problems with Myrph and Hydes knee and slow rehab of Wreh

 

[Callum]

With a team riding high batling against all odds .For Ron martin to thow all the hard work done .Really does not make any sence .If something has not been agreed why the hell is the club refusing to let players move on .That also does not make any real sence .Yes Ron is a complet arse .But dispite that he really is not that stupid to allow the club to be wound up a risk losing everything football related And his only way out of his own mire .Mabe its a thought of supported clutching at straws .But i would rather cluch at straws than roll over and give up .

Ron thinks he is the hero but he is the villain the team and management staff are the heroes

 

[kentblues]

It also says “if a club is more than two months late with a salary payment” rather than just “late for two months”, which suggests the months should be consecutive rather than any two months.

That was my original interpretation. Then others read it differently and I doubted myself. So thought if I accept it’s different months then surely missing a couple of separate months by a day can’t be sufficient? Which led me to check what the legals say…

 

[AustScullyPriorPowell]

Well, Ron can wait for my Barnet ticket £ then!!!!!!!!! Lol

 

[Cricko]

Nothing new to reveal/learn in this video but credit to the young man who made it.

 

[Medway Blue]

That was my original interpretation. Then others read it differently and I doubted myself. So thought if I accept it’s different months then surely missing a couple of separate months by a day can’t be sufficient? Which led me to check what the legals say…

I haven't checked any legal websites to be honest. What I posted was a direct lift of the regulation itself. The way it is worded is indeed open to interpretation. Part of the problem, probably. Nowhere in the wording of the regulation does it say "if a club is more than 2 months late with a salary payment" or "it has to be in consecutive months". If that's what it means then there are loopholes there because that's not what it says.

With that being said, I think Bolton players might have handed in their notices once it got to 2 months late on salaries.

My understanding is that no player has handed in their notice, what they have done is sent in written default notices to the club.

No one actually wants to leave, what they want is to be paid for doing their jobs, this action creates a paper trail that can lead to cancelling a contract.

However I'd say this is much more likely to be an accurate representation of the situation!

 

[tommy tucker]

Again i will repeat the directors that have many millons in there bank accounts .Should at least if they have Southend united at heart just pay the players there two months wages owed .For one director with his wealth paying two months wages is pwanut to him .Does he really care about Southend united sorry i very mich doubt it .

 

[tommy tucker]

Before you shoot me does in flames i am not asking for said person to aid Ron martin .But aid the players as we did in the go fund me page a few months ago ..If we can do it so can you .

 

[Cricko]

The mental torture the fans are going through atm is hard to bare for some. Will it be left to the last moment to know if RM makes the payment, we survive and we can all breath a sigh of relief until the next episode or will we know our fate beforehand.

RM being the person he is will no doubt if possible want to look the hero in all this but surely if there is light at the end of the tunnel and funds are in place ( as some seem to think) or at least agreed he must reasure people at the earliest possible date and not wait until the last hour and ride in on his White Horse.

I actually don't think they are in place yet, i am not saying they won't be but it is the not knowing in all this fiasco which brings about all the rumours and discourse amongst the fans. Why would you not reasure fans if you have things sorted?

The players and staff also have a right to know when they might see wages, having been told it will not be in the near future and it will be close for March the 1st just isnt good enough.

I think we all deserve to be put out of our misery and i sincerely hope we hear something in the next few days and not like most have to suffer another 10 days.

 

[tallboyblue]

Before you shoot me does in flames i am not asking for said person to aid Ron martin .But aid the players as we did in the go fund me page a few months ago ..If we can do it so can you .

If players start to leave team spirit will take a five.