Kavan Bakhda, Partner and Head of the Sports Group at Mishcon de Reya, has commented on Manchester City’s disciplinary proceedings and the potential implications for the club and its players.
His comments have appeared in PA Media, The Sunday Times, The Guardian, the Daily Mirror, the Daily Star and the Manchester Evening News.
In comments carried by PA Media and The Guardian, Kavan said: “If the charges against Manchester City are proven, this would be the most significant disciplinary decision in the history of English football.
“However, it is important not to get ahead of the formal process. We have yet to see the independent commission’s written decision, the reasoning behind its conclusions and, crucially, what sanctions might follow. The detail of the written decision will matter enormously.
“If Manchester City has been found guilty of the alleged breaches, attention will now turn to the nature and severity of any sanction. The Premier League’s rules provide for a wide range of potential sanctions, from financial penalties and points deductions through to, in the most extreme circumstances, expulsion from the competition.
“Any appeal could add a further significant stage to the process. Until the commission’s decision is published and any appeal has been determined, it will be difficult to assess the full consequences for Manchester City, the Premier League and its clubs.”
In The Sunday Times, Kavan addressed the potential impact of relegation on players’ contracts: “Relegation would not give Manchester City’s players an automatic legal right to tear up their contracts and walk away. However, relegation could lead to thorny legal disputes between players and the club.
“Under English employment law, there could potentially be arguments around repudiatory breach and constructive dismissal. If Manchester City were relegated because of serious wrongdoing by the club, players could in theory argue that the club’s conduct amounted to a fundamental breach entitling them to terminate their contracts. However, these would be relatively high legal thresholds for players to reach. Relegation alone would not necessarily be enough.
“A player could have a stronger argument if they could establish that serious wrongdoing by the club had fundamentally altered the basis on which they had agreed to join or remain at Manchester City, particularly if relegation had significant consequences for their remuneration or other contractual rights.”
Read full coverage: