StarterForTen

1 hour ago, Wolfie20 said:

On that basis wouldn't every contract be meaningless? The key issue with Buchanan and Byrne seems to be whether the extension was permissible given the Clubs' change of ownership - if it was then surely they can't possibly have a valid case otherwise every contract can potentially be broken using restraint of trade as the reason.

52 minutes ago, Crewton said:

He's not being stopped from plying his trade. He was expected back at Derby to finish his contract.

Of course, if he has a valid contract then there is no restraint; the point being made is about holding his registration if he is deemed not to be in contract, which is very likley to be within the boundaries of restraint of trade.

There has been quite a bit of chatter to suggest that the club can hold on to his registration without a contract and that can not happen - at least I don't think it can.

As I have said before, I doubt this dispute is over TUPE - that has most likely cropped up through lazy journalism. It is more likely to be contract law and that extension clauses within the contract may not have been legally triggered due to a change of control to one of the contracting parties or through an insolvency event.

Of course, pure speculation.

1 hour ago, RadioactiveWaste said:

In terms of his registration, wasn't the bosman ruling that clubs couldn't hold the registration to demand a fee if the player wasn't contracted?

There are also restraint of trade issues. You can’t stop someone from earning a living from practicing their recognised profession. 

Some friendlies tonight are to be played as three 30 minute 'thirds' to combat the heat and offer greater player welfare during pre-season; anyone heard if that is the case for Stevenage vs Derby?

Mind you, we don't have enough players to change the team twice in a game!

The over-arching requirement of a League-enforced post-Administration business plan is a break-even policy, and you'd think that applied to all levels of expenditure, whether that be player wages, player acquisition costs or club running costs.

In his long career, the only club he made more appearances for than for Derby was Fenerbahçe - and that was only five more.

(According to Wikipedia)

18 minutes ago, RadioactiveWaste said:

Preseason friendly, 6800 is quite good.

 

And is higher than the average attendance of half of League One last season.

Is it now just Fozzy of the 'out of contracts' still to decide their future?

All others have either re-signed or left the club?

(I'm counting Byrne as 'in contract')

1 hour ago, BaaLocks said:

Interesting rumours I just heard - apparently Kemar will only come here if we agree to provide accomodation for his grandmother. It sounds legit - my source called it the Kemar Nan clause.

Granny flat Roofe conversion?

In ‘RooneyBall’ football (which I presume Rosenior had a very large hand in shaping) it’s not so much about the two holding midfielders, it’s more about the creativity capabilities of your full backs. 

53 minutes ago, SamUltraRam said:

Northampton fans seem to think a fee of between £250k & £500k would be asked - 1 year left on contract

Wasn't it suggested in some quarters that the Buchanan compensation would be circa £400k? About covers it.

4 minutes ago, Ghost of Clough said:

And at LB we'd have Forsyth and Roberts. A squad of 2 senior players per position is not "threadbare". Adding a third LB is excessive

Assuming Forsyth agrees a new contract of course.

6 minutes ago, roboto said:

Roberts is mainly a CB who has played LB before.

I don't see any harm with attempting to bring a more attacking style full back into the squad. I'd expect the wages and fees being discussed to be well within our budget too.

Even if Forsyth signs a new deal, do we expect him to be available for every match next season? Then do we know we can find a suitable long-term replacement after that?

What if Roberts doesn't quite work out at left back in Rosenior's system? This is the sort of signing that makes sense to add more competition and depth in areas we are stretched.

Totally agree. Forsyth is 33 now and I'd be surprised if the Club offer him anything ore than a year's deal. Roberts (even if he's seen as a left back first choice) is only here on loan. While next season is the main focus, we have to be thinking slightly longer term too.

10 minutes ago, Big Trav said:

He’d only leave if there’s a massive bid come in for him and we’re talking 8m+ in total

If any club bids more than £8million I suggest we invite them in and lock the door behind them!

So far Sibley has shown great technique but he is too slow of thought to be a top payer. He's the current version of Craig Ramage.

24 minutes ago, Caerphilly Ram said:

Seems to have been missed by us and the DET, he confirmed he was leaving Man City 2 days ago, not confirmed he’s joining us yet however.

I think he will have known he was to leave Man City some time ago. I'd expect him to start again on Saturday as a triallist.

17 hours ago, atherstoneram said:

it won't bring as many jobs as has been quoted as the National Operations Centre located at Milton Keynes will not be moving anyway.

Which is why it will be Birmingham... closest to the NOC

2 minutes ago, RamLad1884 said:

Just signing the entire Republic of Ireland team at this point really aren't we? 

Can we pip Reading to Hendrick on loan?

I see Buchanan has now turned out for Werder in a pre-season game. Though he is not yet listed as player on their website.

Is this the return of the wardrobe? Or is he more of an armoire?

13 minutes ago, Carnero said:

Yep agree with every word of that.

Unfortunately people have gone with the Athletic/Derbyshire Live explanation that this is down to TUPE regulations, but the other evidence suggests otherwise - whether that be the issue over still holding the player registrations, or the fact that the club's most valuable assets in Bielik, Bird & Knight have not refused to TUPE across (and gone elsewhere for a massive signing on fee, as their agents would have strongly advised!).

Just an untrained supposition but I would suggest this is nothing to do with TUPE per say and more to the fine print of contract law. Perhaps one of the contracting parties (in this cases Derby County Football Club Limited) being in Administration negates the ability to activate the option. The contracts I use at work all have restriction clauses triggered by insolvency events, though the are service provision contracts, not employment contracts. Are footballers contracts employment contracts?

6 minutes ago, SamUltraRam said:

I wonder if we're still paying them under the terms of the extension, otherwise they'll have a claim over unpaid wages which is a big issue. (This is assuming DCFC are fighting this with them both and wish to protect our position)

 

Probably still paying them... but fining them also for non-attendance!

46 minutes ago, CBRammette said:

Lots of TUPE analysis but has it been confirmed that their legal gripe is actually TUPE and not just that the club couldnt extend while we were in administration? 

Indeed. Werder Bremen have acted as if Buchanan is a complete free agent - ie not in contract with another club, nor offered new terms - otherwise they would acknowledge development rights existed and would need to pay compensation. That suggests they believe that the extension could not be legally offered.

If Buchanan had used a TUPE option to walk away, by very definition he has rejected ongoing work and therefore development rights are intact.

4 minutes ago, Ghost of Clough said:

Byrne will not be able to transfer clubs until another EFL club decides to pay up.

Unless he moves abroad, or Scotland. 

Heaven forbid they just wear last year's kit!

Good move for Tom. Similar player to Kris Commons and his move to Celtic worked well for him - can see the same with TL at Rangers.

Anyone who has spent time in Glasgow will tell you that Rangers are a PROPER big club. Shame they aren't in a paper league.

Looking at his reputation and career trajectory so far, looks like he would be our number one. But no player should be guaranteed a starting place of course.