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Yorkie

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https://www.chroniclelive.co.uk/sport/football/transfer-news/rafa-benitez-left-seething-deadline-15008731

 

However, even the simplest deals have proved to be tough for Rafa.

 

Stanley N’Soki of PSG has fallen through, again because of the asking price, this time £9million.

 

Federico Fernández was a straight-forward deal too but Newcastle aren’t keen on paying £10million for the Swansea defender.

 

As deadline day loomed Benitez asked to sign two players at cut-price in Ragnar Klavan of Liverpool and an old target in Erik Pieters of Stoke City, but again hit a brick wall according to sources close to the deals in Holland and Estonia.

 

Benitez has laboured the point long enough with three diplomatic Press conferences underlining the need for more players.

 

How does N'Soki not fit the criteria for signings? He's barely 20 so sell on value is sky high, even at £9m. Obviously we could buy a shit prospect for £3m, so I'm now wondering if THAT is the criteria?

 

 

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Douglas saying that no matter what happens today, we will end up with a 8 figure profit :lol:

 

"Rafa can have every penny the club generates" x 2.

 

Rafa surely has enough evidence for a constructive dismissal case, should he walk!

 

Sorry to be so blunt, but people saying this kind of thing have no clue as to how constructive dismissal cases work. I hate Ashley and what he's done to our club as much as anyone, but him refusing to spend money is not in any way grounds for a constructive dismissal case. He is well within his rights to spend nothing, if he so desires.

 

Here's some examples of what constitutes constructive dismissal, from a prominent law firm's website:

 

a unilateral significant reduction of your salary, or the threat of a reduction ;

being demoted without good reason;

allegations of poor performance which are unfounded;

disciplinary proceedings which are manifestly unreasonable;

a complete change in the nature of your job;

harassing or bullying ;

stress at work, that has not been properly addressed;

failing to make reasonable adjustments where you have a disability;

being forced to work in breach of health and safety laws.

 

Literally none of those apply, and certainly "being generally useless, changing his mind about funds and being a bit of a smug cunt" simply aint on the list. He's a shite, even horrific, employer and totally incompetent and leaching the club dry, but I can't see where a constructive dismissal claim would come from unless you want to illuminate me?

 

See Keegan, Kevin.

 

Such a nonsense response. What happened to Keegan isn't automatically the same as what's happened to Rafa.

 

Sure, they've both been fucked about by the same shit owner, but to suggest that because one successfully claimed constructive dismissal the other has the same claim is palpable craziness.

 

Don't get me wrong, maybe Rafa *does* have a case, I'm not saying he doesn't, but if he does it's based on what's been said to Rafa, not what happened with Keegan. And what's been said to Rafa has been said in private and we're not privvy to it so to claim he's got a constructive dismissal case is just silly. We simply don't know, and to go further on the evidence we have got there's no case to answer at all.

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This is from Wikipedia, but guessing its accurate, and probably how Keegan took them to trbunal, and how Rafa could (arguably) do the same...

 

In United Kingdom law, constructive dismissal is defined by the Employment Rights Act 1996 section 95(1)c:[7]

 

The employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer's conduct.

 

The circumstances in which an employee is entitled are defined in common law. The notion of constructive dismissal most often arises from a fundamental breach of the term of trust and confidence implied in all contracts of employment. In order to avoid such a breach "[a]n employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee."[8] Whilst a breach can be of the implied term of trust and confidence, a fundamental breach of any of the express or implied terms of a contract of employment is sufficient.

 

The Department of Trade and Industry states:

 

A tribunal may rule that an employee who resigns because of conduct by his or her employer has been 'constructively dismissed'. For a tribunal to rule in this way the employer's action has to be such that it can be regarded as a significant breach of the employment contract indicating that he or she intends no longer to be bound by one or more terms of the contract: an example of this might be where the employer arbitrarily demotes an employee to a lower rank or poorer paid position. The contract is what has been agreed between the parties, whether orally or in writing, or a combination of both, together with what must necessarily be implied to make the contract workable.[9]

 

Following a constructive dismissal, claim for "unfair dismissal" and a claim for "wrongful dismissal" may arise.

 

It all depends whats in Rafa's contract about his role, and control over things, but the relationship does seem to be breaking down, with serious trust issues, given Ashleys comments, and then subsequent actions.

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Douglas saying that no matter what happens today, we will end up with a 8 figure profit :lol:

 

"Rafa can have every penny the club generates" x 2.

 

Rafa surely has enough evidence for a constructive dismissal case, should he walk!

 

Sorry to be so blunt, but people saying this kind of thing have no clue as to how constructive dismissal cases work. I hate Ashley and what he's done to our club as much as anyone, but him refusing to spend money is not in any way grounds for a constructive dismissal case. He is well within his rights to spend nothing, if he so desires.

 

Here's some examples of what constitutes constructive dismissal, from a prominent law firm's website:

 

a unilateral significant reduction of your salary, or the threat of a reduction ;

being demoted without good reason;

allegations of poor performance which are unfounded;

disciplinary proceedings which are manifestly unreasonable;

a complete change in the nature of your job;

harassing or bullying ;

stress at work, that has not been properly addressed;

failing to make reasonable adjustments where you have a disability;

being forced to work in breach of health and safety laws.

 

Literally none of those apply, and certainly "being generally useless, changing his mind about funds and being a bit of a smug cunt" simply aint on the list. He's a shite, even horrific, employer and totally incompetent and leaching the club dry, but I can't see where a constructive dismissal claim would come from unless you want to illuminate me?

 

See Keegan, Kevin.

 

Such a nonsense response. What happened to Keegan isn't automatically the same as what's happened to Rafa.

 

Sure, they've both been fucked about by the same shit owner, but to suggest that because one successfully claimed constructive dismissal the other has the same claim is palpable craziness.

 

Don't get me wrong, maybe Rafa *does* have a case, I'm not saying he doesn't, but if he does it's based on what's been said to Rafa, not what happened with Keegan. And what's been said to Rafa has been said in private and we're not privvy to it so to claim he's got a constructive dismissal case is just silly. We simply don't know, and to go further on the evidence we have got there's no case to answer at all.

 

Lied to about transfer funds and offered out to Spain. Rafa has been told he had to sell to buy, whereas if he'd known he wouldn't get the money back then no doubt he'd have kept what he sold. All Ashley does is lie. The minute Rafa started speaking out on the club needing to spend, Ashley has wanted him gone.

 

Keegan wanted Schweinsteiger. They low-balled the offer (just as they did for Hyypia), then pocketed that money when the offers were rejected. Same thing is happening with Rafa.

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Guest firetotheworks

Just to illustrate how pathetic our transfer policy is, our squad cost £108.97m. Meanwhile, Bournemouth, a club who've only spent 8 seasons above the 3rd tier in their 119 year history have a £121.71m squad. :lol:

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Dubravka £4M

Dummett 0

Lascelles £4M

Clark £5M

Yedlin £5M

Kenedy £2M

Diame £5.5M

Shelvey £12M

Ritchie £12M

Perez £1M

Rondon 2M

 

Give or take a few mill more than £50M

 

Banter.

 

Someone needs to mock that up into a twitter/social media graphic.

 

 

Our starting 11 = 1 Richarlison

 

 

This is exactly the image we need - our starting XI with price tags on the left, with Richarlison on the right wearing his price tag and a shit-eating grin. Like Ashley's.

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The issue with the constructive dismissal thing is that Ashley will have been signing Rafas targets, the fat man is just starting at number 27 on his target list, not number 1.

 

With Keegan, the case was based around the Gonzalez loan where he was signed without his knowledge behind his back and he was told to youtube him when he asked WTF.

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Guest firetotheworks

Dubravka £4M

Dummett 0

Lascelles £4M

Clark £5M

Yedlin £5M

Kenedy £2M

Diame £5.5M

Shelvey £12M

Ritchie £12M

Perez £1M

Rondon 2M

 

Give or take a few mill more than £50M

 

Banter.

 

Someone needs to mock that up into a twitter/social media graphic.

 

 

Our starting 11 = 1 Richarlison

 

 

This is exactly the image we need - our starting XI with price tags on the left, with Richarlison on the right wearing his price tag and a shit-eating grin. Like Ashley's.

 

Why Richarlison though? We'd be far better off choosing a player that's gone to a team that hasn't consistently finished above us, doesn't have as much of a history, and has small attendances. Bournemouth, Burnley, Huddersfield, Brighton - that sort of thing.

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Rafa must see something I don't, he's looked garb whenever I've seen him

Fernandez? Rafa had him at Napoli, he must think that he has something about him.

 

Swansea fans seem to rate him like.

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Rafa must see something I don't, he's looked garb whenever I've seen him

Fernandez? Rafa had him at Napoli, he must think that he has something about him.

 

Yeah, just seems weird he hasn't exactly been impressive at swansea imo

It's underwhelming af mind, don't get me wrong, but I'm confident in Rafa's ability to improve him. Hoping to god he isn't a lost cause in terms of improvement like the Hoss.
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Dubravka £4M

Dummett 0

Lascelles £4M

Clark £5M

Yedlin £5M

Kenedy £2M

Diame £5.5M

Shelvey £12M

Ritchie £12M

Perez £1M

Rondon 2M

 

Give or take a few mill more than £50M

 

Banter.

 

Someone needs to mock that up into a twitter/social media graphic.

 

 

Our starting 11 = 1 Richarlison

 

 

This is exactly the image we need - our starting XI with price tags on the left, with Richarlison on the right wearing his price tag and a shit-eating grin. Like Ashley's.

 

Why Richarlison though? We'd be far better off choosing a player that's gone to a team that hasn't consistently finished above us, doesn't have as much of a history, and has small attendances. Bournemouth, Burnley, Huddersfield, Brighton - that sort of thing.

 

Because the absurdity of Richarlison being worth more than our entire starting XI...?

 

By all means, if there is a more ridiculous example please share. It will help amuse us in these dark times :anguish:

 

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Guest firetotheworks

Dubravka £4M

Dummett 0

Lascelles £4M

Clark £5M

Yedlin £5M

Kenedy £2M

Diame £5.5M

Shelvey £12M

Ritchie £12M

Perez £1M

Rondon 2M

 

Give or take a few mill more than £50M

 

Banter.

 

Someone needs to mock that up into a twitter/social media graphic.

 

 

Our starting 11 = 1 Richarlison

 

 

This is exactly the image we need - our starting XI with price tags on the left, with Richarlison on the right wearing his price tag and a shit-eating grin. Like Ashley's.

 

Why Richarlison though? We'd be far better off choosing a player that's gone to a team that hasn't consistently finished above us, doesn't have as much of a history, and has small attendances. Bournemouth, Burnley, Huddersfield, Brighton - that sort of thing.

 

Because the absurdity of Richarlison being worth more than our entire starting XI...?

 

By all means, if there is a more ridiculous example please share. It will help amuse us in these dark times :anguish:

Lerma + Ibe or Ake
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