TUPE Problems For The Rangers

10 December 2012 10:26
Transferring assets is all well and good but they have to be consulted,

Rangers are not getting much time to focus on football when more litigation will have to be dealt with. 67 players allege they were not informed or consulted over the transfer of contracts from the former club, which has since been liquidated, to the new club. In their share issue prospectus, Rangers declared that PFA Scotland had raised the claims and that they would "robustly" defend themselves. The prospectus also confirms that former players Sone Aluko, Kyle Lafferty and Jamie Ness have raised constructive dismissal claims. The trio were among nine players who refused to transfer their contracts over after Charles Green bought the club's assets in June. The prospectus says: "PFA Scotland has raised an employment tribunal claim against RFCL (The Rangers Football Club Limited) on behalf of 67 unnamed players at the employment tribunal in Glasgow. The claim relates to an alleged failure on behalf of RFC 2012 plc to inform and consult with affected employees prior to the TUPE transfer on 14 June 2012. Both RFCL and Rangers 2012 plc have been cited and compensation can be awarded on a joint and several basis. RFCL's advisers have taken issue with PFA's right to bring such a claim on behalf of the players. Senior counsel's advice has been taken on the matter and a robust opinion has been given to the effect that PFA Scotland has no locus or standing to raise such a claim. If RFCL's preliminary challenge to the bringing of this claim is successful that will be the end of the matter. It is not currently possible to quantify these claims in full."

Source: ScottishFitba


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