Jump to content

Neil Taylor signs new four-year contract with Swansea


Guest sicko2ndbest

Recommended Posts

er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

Are you actually saying these words? Bloody hell you're a weirdo if you believe any of that.

Link to post
Share on other sites

Guest guinness_fiend

You're nuts.

 

Perhaps, but I'm also a lawyer and have seen some fairly crazy clauses get thrown into contracts.  Many of which are deemed unfair contract terms when actually tested.

Link to post
Share on other sites

Guest guinness_fiend

er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

Are you actually saying these words? Bloody hell you're a weirdo if you believe any of that.

 

See above.

Link to post
Share on other sites

You're nuts.

 

Perhaps, but I'm also a lawyer and have seen some fairly crazy clauses get thrown into contracts.  Many of which are deemed unfair contract terms when actually tested.

 

Wtf.  You're 28 and from Manchester?

 

I thought you were like 18 and from Ireland. :S

Link to post
Share on other sites

er do they not grasp the idea of a buyout clause? because I sure ain't heard of a clause that allows the player to speak to a club but not actually accept the bid

 

No-one on this board has seen this supposed "buy-out" clause.  It may very well only permit initial talks. 

 

Eh? How would that work in any way :lol:

 

Easy.  Clubs are not obligated to allow their players to talk with any clubs whilst they are under contract.  It is entirely at their discretion.  An "interest" clause is just that.  From what I can gather, no money changes hands at that stage. It gives the selling club an opportunity to test the buying club's resolve without forcing them to sell.

 

So what, you pay £1 million to talk to the player?

 

Or you bid £1 million, they have to accept and let you speak to the player, but then you go back and negotiate a new fee?

 

There is absolutely no point to that whatsoever man. Why would it even exist?  :lol:

 

This, it is a ridiculous clause to have!

Link to post
Share on other sites

That's all well and good, but can you explain what the actual function of such clause would be?

 

To trick the player into signing the contract under the impression that he has a reasonable release fee if another club comes in for him? It sounds mental but I can't think of any other reason for it.

Link to post
Share on other sites

Guest guinness_fiend

That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause).

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

Link to post
Share on other sites

Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

To do so would be 'tapping up', I guess. Which is against FA rules or whatever, but not illegal.

 

It clearly goes on daily at every level of the professional game though.

Link to post
Share on other sites

£1 Million just to talk to other clubs, wtf are Swansea mad? If it's in his contract he can leave for that amount then there's nothing that they can do about it other than be arseholes and see if we will cough up extra (which we rightfully won't) just to get things moving rather than go down the legal route.

Link to post
Share on other sites

Guest guinness_fiend

Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

I'm not an employment lawyer (commercial, EU and construction law are my bag) but a restrictive covenant clause can do just that, but I suppose that it could be contested.  An alternative would be for the player to resign I suppose, but I would expect there to be a reciprocal compensation clause in the contract that would allow the club to recover costs from the player.

 

EDIT 1: And Dave makes a good point, to do so would be "tapping up".

 

EDIT 2: Which MA would never do, as he's a good little boy...

Link to post
Share on other sites

That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause.

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

 

Still makes absolutely no sense whatsoever, this bit.

Link to post
Share on other sites

Guest guinness_fiend

That's all well and good, but can you explain what the actual function of such clause would be?

 

1.  A club is not obligated to permit a player to speak to another club whilst under contract.

2.  An "interest" clause would serve as an automatic trigger to allow such talks, if say the amount stated in the clause were offered (the proposed buying club would not have to pay the sum just to speak to the player, rather make an offer in that amount.

3.  The selling club can then attempt to negotiate a higher fee without being obligated to sell, thereby taking the power away from the player (which differs from the position under a "buy-out" clause.

4.  If the buying club offers more, the selling club is quids in.  If not, tough luck.

 

It's a fairly sensible idea if you ask me, but I would imagine that the FA and the PFA would rule in favour of the player, as contracts are not worth the paper that they are written on nowadays, seeing as every player has a Brabners lawyer and a Del Boy agent behind them.

 

 

Still makes absolutely no sense whatsoever, this bit.

 

I know you don't agree, but to me it makes perfect sense, as it's a negotiating tool.  It's a stark contrast to a "buy-out" clause, which essentially forces a club to sell to whoever meets the asking price (subject to the player's consent), which leaves the selling club largely impotent.

Link to post
Share on other sites

Is it really true that a player can't talk to another club without their current employer's permission? Surely it would breach all sorts of freedom of employment laws?

 

To do so would be 'tapping up', I guess. Which is against FA rules or whatever, but not illegal.

 

It clearly goes on daily at every level of the professional game though.

 

No doubt, but surely anyone is free to have an interview for another employer any time he wishes?

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...