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The Administration Thread


Boycie

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45 minutes ago, twelveincher said:

Well Hertha announced the friendly against us some weeks ago… they then took it off their website. There must have been something stopping us confirming the fixture, that’s now no longer an issue

There was a problem, but Wayne has managed to get some ringers in from Markeaton Park who were kicking a ball round on Sunday…so we now have 11 players. 

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3 minutes ago, Rammeister said:

There was a problem, but Wayne has managed to get some ringers in from Markeaton Park who were kicking a ball round on Sunday…so we now have 11 players. 

Not sure how my knees will hold up but I am happy to be given a chance all the same.

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2 hours ago, Crewton said:

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.

We don't know what the players concerned have been told. Have they been told their contact extensions been implemented but will still be sold/can move on. That only benefits the club. Wasn't it Marriott who couldn't have his contract extended because the club was in administration. Yes i know that wasn't an extension but the same rules would apply i imagine

I have been involved in Several TUPE undertakings but nothing to do with football.

As for having their option of another 12 months while the club is in administration is allowed or not whether under TUPE conditions or otherwise may require a court ruling.

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2 hours ago, SirBrian said:

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.

Under TUPE regulations a new company shouldn't rip up a persons contract and offer a new one, if it does that is technically a breach of contract and the party involved can walk away. 

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Without those players and being under a transfer embargo, the club would appear to cease trading.

How could it compete without the required number of players

Edited by Oldben
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8 minutes ago, atherstoneram said:

We don't know what the players concerned have been told. Have they been told their contact extensions been implemented but will still be sold/can move on. That only benefits the club. Wasn't it Marriott who couldn't have his contract extended because the club was in administration. Yes i know that wasn't an extension but the same rules would apply i imagine

I have been involved in Several TUPE undertakings but nothing to do with football.

As for having their option of another 12 months while the club is in administration is allowed or not whether under TUPE conditions or otherwise may require a court ruling.

Marriot's was cancelled due to embargo, months before we went into admin.

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1 hour ago, twelveincher said:

Well Hertha announced the friendly against us some weeks ago… they then took it off their website. There must have been something stopping us confirming the fixture, that’s now no longer an issue

Wages?

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2 hours ago, Curtains said:

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). “

So if it is a new company the old company DCFC along with player contracts cease to exist. In the case of football then wouldn't membership of the EFL also be cancelled, the EFL wiil not allow a club to carry on under a new company and not pay football creditors in full.

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2 hours ago, Ambitious said:

Whoever the players seeking legal council to get out of their contract with Derby, honestly I don't blame them but there is better ways to go about things. 

Again, like Morris, whoever it is, and I'm sure we will find out, I wish them absolutely nothing but the worst going forward. 

People are getting confused between new owners and a new club, if it is new owners then DCFC still exist going forward along with the debt, if it is a new club then DCFC fail to exist along with player contracts etc. and also membership of the EFL.

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7 minutes ago, atherstoneram said:

So if it is a new company the old company DCFC along with player contracts cease to exist. In the case of football then wouldn't membership of the EFL also be cancelled, the EFL wiil not allow a club to carry on under a new company and not pay football creditors in full.

No. A new company is formed . Assets including golden share and player registrations are transferred from old Company to new company. Then old Company is wound up. That’s what Wigan did. BBC seems to think that’s what Derby will do as well. 
 

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9 minutes ago, atherstoneram said:

So if it is a new company the old company DCFC along with player contracts cease to exist. In the case of football then wouldn't membership of the EFL also be cancelled, the EFL wiil not allow a club to carry on under a new company and not pay football creditors in full.

I agree.  

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28 minutes ago, RadioactiveWaste said:

All hail the new George Thorne!

That could be Thorne or Bielik couldn’t it?

Sigh…. Why do we only seem to buy defensive midfielders with knees made out of toffee.

Would love another Eustace freebie 

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