Gannon sacking puzzles many businesses

The vast majority of Port Vale fans may be celebrating the departure of manager Jim Gannon but many businesses will be left wondering how it is possible to remove a member of staff so quickly, says a leading employment specialist. Michael Slade of Staffordshire-based Bibby Consulting & Support says that strict employment laws mean that getting rid of an underperforming or unpopular member of staff is often a long and protracted process. “Whilst the club has not officially disclosed whether Gannon was dismissed or left of his own accord, the situation there raises some fundamental legal questions,” said Michael. “In the world of football such managerial comings and goings are not unusual, much to the surprise of many businesses and other organisations.” Michael went on to explain that football clubs are subject to the same employment laws as any other company but may approach the problem from a different angle. “If results are not going the right way they often find it easier to pay-off the remainder of the manager’s contract or reach a mutually acceptable agreement,” he said. “But many businesses do not have the funds to reach such an agreement, especially if their employees are not subject to fixed contracts and have been employed for more than a year. “In such cases they could only dismiss an employee for an act of gross misconduct or for bringing the employer into disrepute. Otherwise they need to follow a formal disciplinary process that could include a series of verbal and written warnings that provide the employee with the opportunity to improve their behaviour or performance. “However things are a lot more straightforward if the employee has less than 12 months service as they don’t satisfy one of the crucial eligibility requirements for unfair dismissal, namely that of one year’s continuous employment. There are only a few limited circumstances where this requirement does not apply and typically this will be where the employee can demonstrate that the termination of their employment was for discriminatory reasons or for any reasons considered as automatically unfair.” Michael stressed that the situation at the Vale was still unclear, but the club could still face an employment tribunal and a hefty compensation claim if an agreement had not been reached or the correct procedures followed. “Gannon was only in post for a very short period of time and we do not know the exact terms of his contract,” Michael continued. “We don’t even know if he was employed or whether he was self employed but irrespective, he could still make a claim against the club despite only being there since January, especially if his contract was for a fixed period and has been terminated early, which is commonly the case for football managers.” “Gannon now has the same choice that faces all employees, namely does he accept Vale’s decision, or does he challenge the decision to an employment tribunal,” he added. Any employers who would like more information on the issues raised should contact Bibby Consulting and Support on 0800 0157541. - ENDS - To view this release on Bibby Consulting & Support online media centre click here.

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