Adam Johnson will NOT be sued by Sunderland after sacking him for breach of contract following guilty plea
Under FIFA laws club had the option of seeking compensation
Johnson was sacked by Sunderland after pleading guilty to grooming PA:Press Association
EXCLUSIVE by DAVID COVERDALE
00:01, 18 Feb 2016
SHAMED Adam Johnson is set to escape a seven-figure legal suit from Sunderland.
The Black Cats sacked the winger last week for breach of contract after he pleaded guilty to one count of sexual activity with a child and one charge of grooming.
Under FIFA laws, the club had the option of seeking compensation from Johnson by claiming for losses suffered as a result of his dismissal.
But Sunderland have decided against suing their ex-player as they want to move on from the scandal.
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Johnson, 28, cost the Black Cats £10million when he signed from Manchester City in August 2012.
The ex-England international had less than five months of his four-year deal left to run.
But Sunderland could still have claimed for the “unamortised portion” of the transfer fee, signing on fee and agent fee, which would likely have been around £1m.
The Premier League’s second-bottom club may also have had a case to claim for losses suffered if they were relegated, as well as compensation for reputational damage.
But it is unlikely they would have been able to recover any of the wages Johnson banked from when he was first arrested last March, as the Black Cats benefited from playing him.
Back in 2004, Chelsea terminated Adrian Mutu’s contract after he tested positive for cocaine and then sought compo from the Romanian, who cost £15.8m from Parma.
After a hard-fought legal battle, Mutu was ordered to pay the Blues a whopping £14.5m.
But he had almost three and a half years of his five-year deal to run when he was sacked.
And legal experts believe it would not have been worth Sunderland’s while to sue Johnson given his contract was soon to expire.
Nick Hawkins, employment solicitor at Stewarts Law LLP, said: “Sunderland may have grounds to sue Adam Johnson for breach of contract, claiming the losses suffered as a result of his dismissal.
“However, any damages are likely to be minimal.
“Johnson is out of contract in the summer, and so the club have had almost full value for his services.”
Zee Hussain, employment partner at Simpson Millar Solicitors LLP, added: “Sunderland may consider that any potential damages are outweighed by the legal costs and adverse publicity.
“If the club were relegated, any damages for subsequent loss of revenue would likely be seen as too remote by the courts.
“In order to succeed, the club would have to show that there was a direct, foreseeable link between Johnson’s conduct and the loss incurred.”
Johnson was initially suspended by the club following his arrest in March 2015.
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But that ban was lifted when his bail was extended by five weeks a fortnight later - and he continued to play even after he was charged in April.
Hawkins told SunSport: “If Sunderland had dismissed Johnson at the time of his charges, their losses for breach of contract would be greater.
“He would have had more time left on his contract and the club might have been able to replace him.
“However, the club have not incurred any obvious losses by not dismissing Johnson earlier, because he continued to play during the period between then and his recent guilty plea.
“Sunderland would not likely be able to recover the Johnson’s wages for that period, as they had the benefit of his services in return.”
Johnson has denied two further charges of sexual activity with a girl under 16 and his trial continues at Bradford Crown Court.
