Marco Silva Tapping Up Complaint

But men can’t multitask....

Karen Brady in

 

You might not expect me to disagree here but I do

If Watford give up on this and Silva has joined Everton without so much as a single penny changing hands, you look weak and you need to ensure that doesn't happen

 

My view, based on the way it's gone so far, is the league see it as a Watford v Everton dispute. Of course the PL has its own rule against tapping up and could take action against Everton. But I think that's highly unlikely, as it's a pretty difficult case what with the whole constructive dismissal element and the move then not happening for 6 months. I think it's more like we're after damages for inducing a breach of contract from Everton - in which case we'll have to use the PL dispute resolution method.

As for how the rules are applied...like everything there are thresholds and other considerations. For the PL it will want to avoid two clubs having a public argument. And it'll probably not want to clobber an established long-term member like Everton either. That's just simple politics. If the PL were to bring action I expect there'd be some kind of informal canvassing of member clubs first, just to see what the lie of the land is and who is coming out on top. If that points to 'meh' or 'Everton' they'll likely steer clear.

 

Why’s he wearing the shirt... I don’t really recall ever seeing a new manager (or whatever he is) ever be unveiled like that before. Odd.

 

Yes but it's not the most important thing. We are all angry and want some sort of revenge/compensation. Great if we can achieve it without losing track of what really matters this summer. Gino's grey matter shouldn't be consumed by this.

 

Gino just needs to subscribe to Bob Loblaw’s Law Blog, that’ll give him all the info he needs


Sent from my iPhone using Tapatalk

 

I haven't said to give up. I've just said let's not let it side track us from the other stuff we need to be doing. There has been a lot said about how weak our squad is so we need a few quality additions at Gino's usual bargain prices. That is the most important target thus summer. This action must be the sideshow not the main feature. Whatever the outcome is, it will be undisclosed so no one will know how good a deal we achieved anyway .

 

Yes, or hire this guy:

 

Surely an inducement to break contract is tapping up?

And I agree with your second paragraph. And that’s exactly why I think the whole thing stinks.

What I still can’t get my head around is why Kenwright would assure us they wouldn’t appoint Silva and then make derisory offers of compensation our way? Everton clearly aren’t a club these days that would make these offers out of politeness as we know they are cutthroat about getting what they want. So you would think they’ve made these offers on the back of some sort of evidence being provided by ourselves? And it’s on this basis why I would ask the PL why they are so seemingly apprehensive to get involved. If the above is true, it’s a clear break of rules.

I suspect we have some sort of evidence but Everton have an understanding of how lily-livered the PL are and deem our evidence weak enough to chance their arm with the PL.

 

We have given Britos a new contract. We are losing focus already...

 

Yes but my point is it's open to Watford to take the PL out of the equation and just take action themselves. It's not like the PL are the police or something.

 

Until accounts released in a few years time .

 

I know, I understand that. But my point is that if there’s evidence of a rule-break, why should we have to bypass the purveyors of those laws? I know they are not the police but if they don’t enforce the rules, what’s the point?

Tell me if there’s something I’m missing because I really don’t see it!

 

No we didn't.

As I said on another thread it's an option we had to exercise a years extension of his current deal.

Pedantic I know but it's not a new contract or a long term deal with more money, it's a one year extension.

 

Beyond pedantic! Britos may not have had an option but we’ve still extended a contract we didn’t need to, to an overseas player who has offered little over the last year, is a weak defender and sends out a signal that we are happy with his contribution to our defence. Every other club would have released him as opposed to signing him to another year in the hope of making a low transfer fee - which may never even be offered. It’s bizarre.

 

I know it's bizarre and if I were in control of such matters I would be looking to replace him too.

So I can only imagine the extension means we're looking to eek out some money from any transfer or he has qualities that Gino/Giraldi/Gracia see off the pitch that we don't. Perhaps he's going into coaching or a mentoring role for any young defenders coming in, such as Wilmott? Whatever it is, it's not 100% to do with his ability to defend in the Premier League!

 

That's the key bit of information - it was widely reported that they offered a derisory sum of £1m. When you know you've done nothing wrong - or are entirely certain that your opponent/accuser can't prove the thing you've done wrong - you don't offer a million in compensation. And there's certainly no "good will" between these two boards.

It was also reported at the time that this offer was withdrawn after the hilarious "but you tapped him up first at Hull" story broke. Again - reading between the lines, this is an admission of what they did, with a hollow threat to expose us of the same "crime" should we continue to pursue them.

The fact Everton entered in to discussions with us at all is evidence of their guilt and our knowledge of it. That they did so - and then offered us money - says all you need to know. Now it will come down to how well Watford can prove it to the independent arbitrator, which I fully believe will happen (the tribunal, not the favourable outcome) and is why the club haven't commented in public regarding today's news.

 

I just saw this on Twitter...….seemed to be a genuine poster.

Silva is also thought to be looking more long term than previous roles, with some weight behind rumours he is after Watford youngster Ryan Cassidy who Silva is thought to "believe can be the next big gun"

 

I know it's 99.99% BS because Everton have a new Director of Football to deal with such things but this story made me laugh.
http://sportwitness.co.uk/marco-silva-make-e15m-winger-first-signing-everton-take-look/

If Carillo ends up at Goodison Park it means he's somehow related to Silva or they're barely a top 15 side let alone top 7 with players like him going there.

 

You're not missing anything. You're possibly taking a slightly too black and white view of how or when the rules should be applied.

 

I hope Carillo ends up at Everton!

 

I see your surprise disagreement, and raise you.

The sad truth is that we are weak whatever happens and have already lost. Even if we keep on going and end up with a compromise £5m secret payment we’re still weak. £5m is nothing to Everton and just shows that you can do what you like for £5m hence we’re weak and susceptible to these approaches from bigger teams. Compensation wouldn’t change the fact that an awesome start to the season where we could have really pushed on for 7th and been in a position to attract better players in January was completely disrupted. We’ll never know what might have been but from my own fan perspective it was the most optimistic I’d been in 30 odd years until the Everton approach.

We’re not likely to win any media mass sympathy as they will just cite we have no loyalty to managers as shown by our track record and we sacked Silva. Eventually our fans will be betrayed as jealous small town hypocrites.

The only outcome I would want would be an Everton points deduction as this is the only way to really penalise them and send out a strong message for the future. I don’t see this happening unfortunately, so agree with Undeniable Truth that we should move on to other priorities. I hope this doesn’t define our summer.

 

I think there’s an oversight in the policy of Gino going on. In Italy, defenders play on until they are 38+. But that relies on them being good.

I’m genuinely so disappointed we have banded new contracts to him and Holebas as neither make any sense whatsoever.

 

But it's not a new contract

 

To be fair, a few points deduction isn’t that much either. If we are going down the road of unlikely punishments, I’d like to see a transfer embargo. That would royally stuff up their plans.

 

Technically it is because it will be redrawn up with a new end date but the same details beyond that. Now who’s pedantic!

 

If Carrillo were to go there it would even stronger further our case surely?!

 

Marco will do a great job at Everton. It's a great club with a great history, unlike Watford, which has no history in the Premier League.
And compare Watford's squad to Everton's squad. Marco has much better conditions at Everton and they have money to spend

Watford is a miserable club. I hope they are relegated

Come on Marco Silva!

 

Jim’s exodus lasted long...

 

My hovercraft is full of eels.

 

As much as I hate to say, not sure there is a rule or that one was broken in the legal sense. Which is what this boils down to. We are not really in a strong position.

The fact we ourselves sacked Silva after a very bad run of games, is very hard to then correlate in terms of compensation owed, just because they spoke to our manager.

There is no rule in UK governing employment law that excludes head hunting, you might break a rule that your employer sets out in your contract with them, for instance people get headhunted etc all the time, but gaining any meaningful compensation from that situation in an employment tribunal, should it happen, is very difficult to calculate & not clear cut situation at all because it then involves human rights issues. In reality it's not MS fault that Everton made an approach & there is no penalty for MS simply because he didn't subsequently get good results.

Fact is we sacked him/removed him from his position & therefore he is legally free to work elsewhere under UK government law. Probably better to have tried to cancel his remaining contract with mutual consent & then make a speculative PL complaint & compensation request thereafter.

In the real world you cannot easily prove to an employment tribunal that Everton's approach was the sole reason we lost so many consecutive games, hence sacked him & all his assistants for poor performance. Under these circumstances they are all entitled to be paid out the remainder of their contracts which is pretty sickening, but how the law works & is always on the side of the employees. MS played the situation perfectly at the time when he said only the club hierarchy decide if I stay or go, after receiving the compensation offer.

Would not surprise me if Everton now get away with just having to pay out his remaining contractual term with us, if we're lucky.

Main thing we can say is that Gino tried to do the right thing at the time & must have learned from this, i.e if your manager gets tapped up & does not come out immediately to say I'm not interested....take the compensation regardless.

 

Agreed IMHO!

 

But surely if the club have proof that Silva spoke to Everton, despite not being allowed, then he's breached his contract and Everton are guilty of tapping up? And that they continued to tap him up after the club issued the cease and desist letter? That we sacked him a little while later doesn't change what went on before - which is what Gino wants compensation for.

If the club can prove it, of course.....

 

Welcome back Kieren.

 

Drop your panties Sir William, I cannot wait till lunchtime...