Steven Whittaker agreed a four-year deal with Norwich City. Picture: Steve Adams

Law expert says Steven Whittaker was free to sign for Norwich City

Saturday, July 14, 2012
7:00 AM

The Steven Whittaker transfer saga rumbled on yesterday as an employment law expert came down on the side of the players who quit the re-formed Rangers.

Defender Whittaker, who has agreed a four-year deal with Norwich City, is one of five players to have secured moves since - on the advice of their union, PFA Scotland – they rejected the opportunity to transfer their contracts from Rangers to Charles Green’s Sevco consortium.

The club’s administrators, Duff and Phelps, revealed earlier this week that Newco Rangers chief executive Green’s £5.5m purchase of Rangers’ assets included a £2.75m payment to buy the contracts and registrations of the players.

But despite Green taking a firm stance, Adrian Hoggarth, the head of employment law at Prolegal, believes the deal struck may have been outside of the law.

“It is not legally possible for Rangers and Charles Green to buy and sell players as part of a business transfer,” he said.

“Whether or not the players transferred in this case appears to depend on two things.

“Firstly, were they assigned to the business of the football club when it transferred? This is a matter of law and this has nothing to do with any money that may have changed hands.

“Secondly, were the players aware of the transfer at the time it took place? Case law suggests that if you know about a transfer before it happens and don’t object to it, you lose the right to object once the business transfers. If not, you don’t. To suggest otherwise would take away the right of an employee to object to being transferred, which is a right enshrined in law.”

Green rejects the claim that the players are free agents and international clearance for the transfers of Whittaker, Steve Davis, Kyle Lafferty, Jamie Ness and Steven Naismith has been put on hold while the Scottish FA seek guidance from Fifa.

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16 comments

Tried to reply, Singapore. I agree with you. I wish I was allowed to reply properly. :-(

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Mad Brewer

Monday, July 16, 2012
Hi Singapore. It wasn`t so long ago it was widely reported that "The Old Firm" wanted to quit Scotland and join the EPL. Where would that have left the game north of the border? Did the Old Firm care?? The Star Donkey has been reported as saying these recent events will not have a detrimental effect on other Scottish Clubs` financial stability. But how long will a one-horse race be attractive? Surely even Celtic fans will get bored of seeing their heroes go through season after season without a serious challenge? Though they will inevitably qualify for European Competition every season. I fear we`re approaching end-game. Celtic will have to join an English League? But straight into the EPL? Fair old travel for away fans to see their team play Soton or Swansea etc. Or Brighton, or Plymouth..... Perhaps Donkeystar will disinter an inspirational solution from his fertile imagination. Holding of breath not recommended.

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Mad Brewer

Monday, July 16, 2012
As the saying goes "We live in interesting times.." and apart for the heirarchy especially the Star Donkey it is shortsighted of the other teams in Scotland, especially the SPL teams. We see multi-millions being pumped into the PL here due to the exicitment and the standard of the football being played and hopefully some of the money filters down to the development of the youngsters. In Scotland all we ever had was basically Rangers and Celitc, perhaps previoulsy the odd charge by the Aberdeens and Hibs etc and in the Cup good old Inverness Cally but the money being attracted into Scottish footbal was due to the Old Firm games, so why should any broadcaster now put money in there? I hope I am wrong for the sake of my fellow coutrymen and women but I fear the worst. As a few have pointed out there but for the grace of god go NCFC! Premiership survial is the aim but for me the survival is paramount. OTBC

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Singapore Canary

Monday, July 16, 2012
It's so very sad Brewer. And to think that that could have been us at one time. Thank goodness we have stringent financial management in place. You just have to look at Portsmouth and the position they are in. It's all very well trying to buy your place in the top football leagues of this world but it makes far more sense to spend wisely than throw your money around like the leaves of autumn. NCFC are definitely going about their business in the right manner!! OTBC

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Canarygirl

Sunday, July 15, 2012
Canarygirl, their fault for appointing the Star Donkey! But seriously, I have massive sympathy with Scottish football fans. I had two lovely years in their company back in the early `70s in Edinburgh. Mostly Hibs & Hearts, though Bonnyrigg Rose and Cambuslang Rangers came on the Radar too! Happy days. ;-)

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Mad Brewer

Sunday, July 15, 2012
Surely someone at the SPL and SFA must have known what was going on at Rangers long before this whole debacle broke onto the public domain. To let it get to this is shocking to say the least! Really these two footballing bodies only have themselves to blame. And I don't think the takeover by Charles Green was handled professionally either. So the recriminations will continue and the integrity of Scottish football has, sadly, been tarnished beyond measure. What a sorry state to be in!!

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Canarygirl

Sunday, July 15, 2012
That scheme seems to have merit, Swiss. I think it is clear that Donkeystar lacks the imagination and elan to deliver on something involving a bit of lateral thinking or human interaction. He is a grey, time-served, bean-counting Apparatchik. I feared for Scottish football the minute he got that job. It means SO much to folk up there, "The Bill Shankly Syndrome". And it`s in danger of all going belly-up. Who will provide real competition for Celtic now? It has been mooted elsewhere that Dundee Utd. are ready to step up to the mark.......

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Mad Brewer

Sunday, July 15, 2012
Reports from Scotland suggest that the best solution was to create a second division to the Scottish Premier, SPL2, to which current Division 1 clubs and Newco Rangers would be invited. This has been on the cards for a number of years but there seems to be disappointment that Neil Doncaster has not been able to deliver it.

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Swiss Canary

Sunday, July 15, 2012
I have a feeling that the decision by the SFA to drop Rangers into Division Three is one they are going to greatly regret. I am not saying the decision is wrong but I read that some of the clubs in that League get average gates of less than a thousand. It's almost equivalent to NCFC getting dropped to the Anglian Combination.

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Kent Anglian

Sunday, July 15, 2012
Wonder how many rangers supporters will be at the away matches? 30,000?

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tom the taxi

Saturday, July 14, 2012
Expert is another word for charlatan these days. :-(

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Mad Brewer

Saturday, July 14, 2012
This sounds absolutely right to me. If two people can make an agreement to take away the legal rights of other people then we are all doomed! However, action had to be taken at the time and it was, even though everything was not as clear as some would have like it to be.

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Swiss Canary

Saturday, July 14, 2012
Indeed. You can't "buy" employees as part of a take-over deal. Trust me. I'm an expert...

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Timbo

Saturday, July 14, 2012
I always felt us City fans were a cut above the rest, Brew! We are all ex Perts.

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Soglio Star

Saturday, July 14, 2012
this ones complicated, by denying the transfers the new Rangers co risks a court case that will inevitably decide that any player can give a notice period, three months when paid monthly.{unless otherwise stated in the contract except that a period over three months would be challenged as unfair and a restriction on trade} which could completely make contracts not worth the paper they are written on.Any player at any time could give notice and walk. It would make Bosman look like a hiccup.

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wivenhoebudgie

Saturday, July 14, 2012
Swiss & Co have said that already. I LOVE "experts". It`s a dangerous label to wear. It screams out "shoot me down"!

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Mad Brewer

Saturday, July 14, 2012