David Moyes Not Entitled To Compensation For Unfair Dismissal
Legal expert David Israel has stated that ex-manager of Manchester United David Moyes will not be able to claim unfair dismissal. This is due to the fact that he had not worked for the club longer than 10 months and in order to claim he would have had to be under employment for at least two years.
Fair? David Moyes thinks not. He has been reported to be “furious and disgusted” with the way the club fired him. His departure was in fact revealed 16 hours before it had even been confirmed and made public news. Now getting fired is stressful enough without having it broadcast to the entire world!
Richard Bevan the chief executive of the League Managers’ Association was in agreement with Moyes in terms of the unprofessional nature of his dismissal. However unfortunately unprofessional doesn’t always mean unfair in the eyes of the law as his contract states what the club expects of its manager and what consequences will be imposed if those expectations are not met.
Phill Neville was brought to Old Trafford as a coach by Moyes. He stated that the club demands “challenging for a league title or parading a league title” and this was certainly the opposite to the team’s season of loss. Manchester United’s reputation is now perceived by its followers to have been scarred after seven home defeats – two of which came from the Premier League and one in the FA cup.
However legal expert Israel has stated that Moyes will almost certainly be granted some form of compensation if not legally. Many football managers who have been sacked do not jump straight into management for another club because it can impact the amount of compensation that can be allocated. However in this case he believes that if Manchester United’s contract was clear-cut then Moyes will receive what he is owed and will be back on the scene quicker than people expect.
When it comes to employment claims the lines can be very blurry. For example a breach of contract may be actionable in the civil courts but not with an Employment Tribunal and new laws imposed like the restricting of what amounts to public disclosure in terms of ‘whistleblowing’ makes claiming more complex. In terms of unfair dismissal action would need to be taken in an Employment Tribunal.
However there is no need to fret! That is exactly why solicitors like us are at hand to make the lines rigid and give advice on whether or not you will be able to win compensation for disputes like unfair dismissal and whether or not they will be pursued as an employment claim or civil claim.