City players could potentially seek to terminate their contracts following the independent commission’s findings against the club, according to an employment barrister.
Paul Gilroy KC believes members of Enzo Maresca’s squad may have an argument under employment law following the verdict against Man City.
There is no suggestion that any City player intends to take such action and no evidence that a member of the first-team squad has challenged their contract. The possibility has instead been raised as one of the potential legal consequences of the commission’s findings.
Barrister raises Man City contract possibility
Gilroy’s comments were reported by the Daily Mirror and subsequently featured in a Sky Sports Paper Talk roundup. His argument centres on the implied duty of trust and confidence between an employer and employee.
Gilroy believes players could potentially argue that the findings amount to conduct serious enough to undermine that relationship, opening the possibility of seeking to terminate their contracts. That would not happen automatically as a consequence of the verdict, and there is currently no indication that anyone in City’s squad is considering such a move.
The commission found City guilty of all charges relating to serious breaches of the Premier League’s financial rules across nine seasons. Three of four alleged breaches concerning the club’s duties of co-operation and utmost good faith were also upheld. City reject those findings and say the commission’s opinion contains “clear material errors, of law, principle and fact, and is unsafe”.
City’s appeal adds another layer
The contract argument has emerged before City’s challenge to the findings has been heard. City have until today, 2 October, to exercise their right to appeal, while the question of sanction will be considered separately by the independent commission.
The outcome of an appeal could clearly affect the factual basis on which any future employment claim might be made, but no such claim has been announced. For now, Gilroy has identified a possible legal consequence rather than one which has materialised.
No City player has publicly indicated that they want to terminate their contract because of the findings. The more dramatic suggestion that players could simply “rip up” their contracts therefore gets ahead of where the story currently stands. There is a legal argument being raised, but no evidence yet that a City player intends to test it.
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