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The Administration Thread


Boycie

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3 minutes ago, Sinistra ram rousse said:

Ironic really, the only ones with any loyalty whatsoever are the fans and that have absolutely no say in what goes on. I keep asking that's it I'm finished with football but this is the 3rd time I've checked this page today.

Where do we go Sinistra what can we do?, Players will always chase the money...We can't decide to mooch off to another club...I'd feel unclean, I can choose to shop, Eat, Holiday, Turn a channel over, Stay in or go out...with a football club there's only one choice

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5 minutes ago, Mostyn6 said:

The EFL will be forced to intervene and concede that the new owners hold player registrations. If they fail to do this, there is no precedent or valid reason why Derby should pay football debts.

As an example, Derby County's new owners cannot be forced by EFL to pay the remaining balance of Bielek's transfer fee to Arsenal if they do not then rule that Derby County's new owners DO own Bielek's registration.

It's my understanding that TUPE regulations aren't just for liquidation/administration stuff, it applies whenever a business is transferred to a new owner.  So all those situations would probably also apply to normal takeovers too, which would be absolute chaos.  All of Chelsea's players could tear up their contracts tomorrow, for example.

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Imagine the buyer of the club takes on the players contracts, so wishing to rip up the contracts and once again Derby lose out on selling the players is not going to happen, hang on forgot about the EFL and Keogh.

The players could offer to buy out their contracts at a sensible price, here i go again its not going to happen, often wonder why they have contracts for it means nothing to a player, they are like a spoilt child always get their own way.

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Of course you can blame them.

If it’s true then I’m so disgusted with anyone that would do that. It actually makes me even more concerned, as if it’s not concerning enough already, that it could end up with us being no more.

If players can just walk away on change of ownership then that’s assets we will no longer have and means the new owner is buying even less for their money, if others don’t think that will make them think twice about buying us then I don’t know what else to say.

It’s gone from feeling like it was nearly over and the possibility of having a clean slate, even getting to start on a level playing field with the rest of the league on 0 points, to utter despair and feeling like we might not even exist much longer yet again.

The whole thing is just soul destroying, it’s just been kick after kick for too long now.

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As long as they're agreeing to waive any sort of pay-off then fine, whatever. Not ideal but understandable that they might not want to stick around for a League One campaign when it isn't really their fault (quite the opposite) we've been relegated.

If any of them try to wrangle any sort of loyalty bonus, or a proportion of their contracts paid up then that's... less understandable, and may they have a miserable career thereafter.

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Interesting bit from BBC article 
 

“If Derby survive it will be in the form of a new company since that is the only way of avoiding paying full liability to non-football creditors .

Under employment law, when the business is sold to the new company the position will be governed by legislation known as the 'Transfer of Undertakings' (Protection of Employment) (TUPE). “

Edited by Curtains
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To be honest, I don't have any problem with players wanting out.

The club is a right mess and a career in football is short and a missed opportunity can define a career.

I think the contract situation is a particular barrier for Bielik.

Like @Mostyn6ssaid, if the new owner doesn't take the registration, why would the new owner accept any debt relating to a registration they don't own?

As for buying out a contract, I thought that was usually an option (in terms of breaking a contract) even if it's not very often used because there's usually better ways to resolve contract disputes.

Could get trickier if wages go unpaid.

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1 minute ago, Curtains said:

Interesting bit from NBC article 
 

“If Derby survive it will be in the form of a new company since that is the only way of avoiding paying full liability to non-football creditors “

So it's heading for a court ordered restructuring which includes a technical liquidation and buyout then? A lot like the "cross class cram down" proposed in January?

Cheers Mel.

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2 minutes ago, RadioactiveWaste said:

So it's heading for a court ordered restructuring which includes a technical liquidation and buyout then? A lot like the "cross class cram down" proposed in January?

Cheers Mel.

Also this 

“Ordinarily under TUPE, employees at the date of the transfer automatically transfer to the new company. But they also have the right to be given information about the transfer ahead of time and a right to object to becoming an employee, which would trigger their contract being terminated at the point where the sale eventually takes place.”

“This legislation was used by a number of Glasgow Rangers players to quit the Scottish side when they were liquidated in 2012.”

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2 minutes ago, RandomAccessMemory said:

Of course you can blame them.

If it’s true then I’m so disgusted with anyone that would do that. It actually makes me even more concerned, as if it’s not concerning enough already, that it could end up with us being no more.

If players can just walk away on change of ownership then that’s assets we will no longer have and means the new owner is buying even less for their money, if others don’t think that will make them think twice about buying us then I don’t know what else to say.

It’s gone from feeling like it was nearly over and the possibility of having a clean slate, even getting to start on a level playing field with the rest of the league on 0 points, to utter despair and feeling like we might not even exist much longer yet again.

The whole thing is just soul destroying, it’s just been kick after kick for too long now.

If it’s not bad enough losing Lawrence for free , these two are playing the system and will get a nice signing on fee or higher wages. Next thing - they will be asking about their loyalty bonuses.

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BBC article 

“Whilst there remains confidence amongst the administrators that Derby will not be liquidated, which in itself would bring the players' contracts to an end, it is understood some of the remaining players are unhappy at the position they have found themselves in and are taking legal advice over their rights. “

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43 minutes ago, RoyMac5 said:

Buchanan and Byrne?

They were the ones I immediately thought of, because they had the contract extension clauses triggered a couple of weeks ago. They might be arguing that the club shouldn't have been able to trigger the clauses in administration/under embargo and therefore they can't be TUPE'd across.

I think it's a bit poor of them to be doing this while fans are climbing the walls, but not that surprising because they'll be being advised to look after their own futures and football is an even more cynical and fickle profession than most.

Edited by Crewton
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2 minutes ago, alram said:

Would you want to stay if half the championship was after you?

Depends which half.

My view is, if you're going to look after no.1 when when the chips are down, don't kiss the badge and squirt milk in our ears for 12 months before that. In other words, be honest about your character from the off.

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46 minutes ago, tinman said:

It’ll be Byrne and Buchanen. 
 

so that article is staying that any player at any club that changes ownership can walk away mid contract? 

they would have to pay up the remaining time on their contract/notice period. 

They can take all the advice they want, but they will have a continuing contractual obligation to the club (and it’s successors) which means they can’t even buy out their contracts unless the club agrees. I think it will be the agents trying to engineer a pay day. Can’t see it happening. Just posturing by the agents. 

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2 minutes ago, Ilkestonian said:

At least two so it could be three or four or more! 

Good point.

I'm not fussed about losing players who aren't going to be motivated if they stay, but if any of them with 1 year to go on their contracts are trying to diddle the club out of a transfer fee, I hope they come to regret their eventual moves.

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