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Lee Buchanan - Gone to Werder Bremen


Sean

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3 hours ago, Mostyn6 said:

maybe W Bremen should go into Admin then, and lose all their assets and get relegated! You make it sound like the club collectively decided to screw over a load of people... when you KNOW it was the delusions of one clown that did so.

Well of course we are aware who the Clown was in all of this. I think you and I had him well pegged by 2015. My issue is that we have fans like @Sparkle playing online Billy Big Balls, only a couple of days after being rescued, about a young footballer who has taken the opportunity to further himself and secure himself a good contract. The more I read some comments on here, the more pleased Lee must be that he has made the right decision to go elsewhere.

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3 hours ago, Gee SCREAMER !! said:

I assume that means he can't play whilst this ongoing.  We could also sue him for breaching his contract.  Never mind eh 

Well if it turns out that he could walk away that’s fine but we should still hold his registration and that’s what needs to be compensated for.

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20 hours ago, Ghost of Clough said:

TUPE only applies if contracts are transfered from 'THE DERBY COUNTY FOOTBALL CLUB LIMITED' to another company. This is not the case.

The ownership of 'The Club' is transferring, so TUPE does not apply.

Derby Telegraph reporting this too? "But it has since emerged that some players at the club had taken legal advice on their contracts that could be ripped up even though the club’s takeover has been finalised. Now Derby have been sold to Clowes Developments, it will be in the form of a new company and that is governed by legislation known as Transfer of Undertakings.

Staff automatically switch to the new company but they also have the right to be told about the transfer and can object to being an employee before it happens. In theory, that allows players to have their contract terminated as it effectively becomes a resignation"

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1 hour ago, GrimsbyRam said:

Derby Telegraph reporting this too? "But it has since emerged that some players at the club had taken legal advice on their contracts that could be ripped up even though the club’s takeover has been finalised. Now Derby have been sold to Clowes Developments, it will be in the form of a new company and that is governed by legislation known as Transfer of Undertakings.

Staff automatically switch to the new company but they also have the right to be told about the transfer and can object to being an employee before it happens. In theory, that allows players to have their contract terminated as it effectively becomes a resignation"

Yep, spot on.  
 

Just run it past my wife who is an HR Director, and she unfortunately reckons Derby don’t really have a case under TUPE.

Edited by Rammeister
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I accept that Bremen can offer top tier football, but most of their signings are frees & their manager has never coached at the top level. I don't think it's the wisest move, and I think there's a bit of a legacy from Forest showing interest. I expect him to return to England within a year.

Jan '23: Lee Buchanan joins Premier League strugglers, Nott'm Forest, on loan with a view to a permanent deal in the summer.

I think he's one of these players who thinks he's better than he is. Tbh, I am more disappointed in Marco Gabbiadini who I think is his agent. I don't think Buchanan has been well-advised, though Gabbiadini has shown himself adept at finding a contractual loophole.

 

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52 minutes ago, NottsRam77 said:

how come it didnt effect chelsea? 
 

genuine question

I can only guess that their players were happy to stay - after all, where do you go after Chelsea? Having checked all their players who have left they have all gone on ‘frees’ since their takeover, the only interesting one is Lukaku who has gone on loan. Maybe, no one thought about TUPE or ‘rocking the boat’.

I expect Buchanan was clearly looking to go, didn’t fancy League 1 and used this ‘loophole’.
Will be interesting to see what happens next.

 

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Edited by Rammeister
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1 hour ago, Rammeister said:

Yep, spot on.  
 

Just run it past my wife who is an HR Director, and she unfortunately reckons Derby don’t really have a case under TUPE.

How would player registrations come into the equation, though? Would it be possible that the situation that Derby and the EFL are arguing is that, while Buchanan has the right to refuse to transfer his contract to a new employer, his registration as a player is still Derby's until the end of this year, and as such we should be compensated for the transfer of that registration by any club he moves to in that time? Seems like a very sticky legal minefield, I must say, and one that is fairly unique to football.

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1 hour ago, Rammeister said:

Yep, spot on.  
 

Just run it past my wife who is an HR Director, and she unfortunately reckons Derby don’t really have a case under TUPE.

 

2 minutes ago, JfR said:

How would player registrations come into the equation, though? Would it be possible that the situation that Derby and the EFL are arguing is that, while Buchanan has the right to refuse to transfer his contract to a new employer, his registration as a player is still Derby's until the end of this year, and as such we should be compensated for the transfer of that registration by any club he moves to in that time? Seems like a very sticky legal minefield, I must say, and one that is fairly unique to football.

As all footballing debts are carried over therefore footballing rule should over-rule Employment law, in the same way Transfer Windows stop freedom of trade and the same way contracts require compensation to be broken, instead of notice periods and redundancies don’t exist. 

New Derby for example are still liable to pay Arsenal for Bielek. Bur Bielek could leave for free. Should Derby be forced to pay for a registration they didn’t own? It’s unworkable. 

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Funnily enough, not the only bit of legal drama that Werder Bremen have landed themselves in in the last couple of days. Just saw this niche bit of news: Austrian right populist party Freedom Party of Austria threatening Werder Bremen with legal action for calling them "Nazis" on their social media channel, as they were holding a conference next to Werder Bremen's Austrian training camp.

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