Curbishley resigned after players sold against his will
Club found guilty of 'fundamental breach of contract'
guardian.co.uk, Tuesday 3 November 2009 15.02 GMT
Alan Curbishley has won his case for wrongful dismissal against West Ham
United after claiming he had no option but to resign. The ruling, from the
Premier League's arbitration tribunal, unanimously upheld Curbishley's
claim, relating to his decision to resign last year after the club sold
Anton Ferdinand and George McCartney against his wishes. The tribunal, which
dismissed a counter claim from West Ham, will now assess how much
compensation the club will have to pay. A statement from the LMA said: "The
tribunal found that the conduct of the club amounted to a fundamental breach
of contract and that Alan Curbishley was therefore entitled to resign."
Alan Curbishley said: "I am obviously delighted with this result. I very
much enjoyed my time at West Ham and never wanted to leave, but on joining
the club I insisted that my contract contained a clause confirming that I
would have final say on the selection of players to be transferred to and
from the Club. "The club completely ignored my contract when selling Anton
Ferdinand, and when George McCartney was then sold, the club having given me
assurances that no players would be leaving after the sale of Anton
Ferdinand, I had no alternative but to resign. "My authority and integrity
were undermined and my position was made untenable."
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Alan Curbishley wins constructive dismissal case against West Ham
Neil Gardner
The Times
Alan Curbishley has won his case for wrongful dismissal against West Ham
United. Curbishley resigned in September 2008 after the London club sold
Anton Ferdinand and George McCartney to Sunderland against his wishes. The
former Charlton manager claimed West Ham had ignored a clause in his
contract giving him ultimate sole authority in relation to the sale and
purchase of players at Upton Park. A Premier League's managers' arbitration
panel unanimously found in his favour and dismissed a counter-claim by West
Ham for the cost of employing Gianfranco Zola, his successor, and assistant
Steve Clarke, his assistant. "I am obviously delighted with this result,"
Curbishley said. "I very much enjoyed my time at West Ham and never wanted
to leave, but on joining the club I insisted that my contract contained a
clause confirming that I would have final say on the selection of players to
be transferred to and from the club. "The club completely ignored my
contract when selling Anton Ferdinand, and when George McCartney was then
sold, the club having given me assurances that no players would be leaving
the club after the sale of Anton Ferdinand, I had no alternative but to
resign. "My authority and integrity were undermined and my position was made
untenable. I now wish to put this entire matter behind me."
Richard Bevan, chief executive of the League Managers' Association, said the
outcome demonstrated the need for clubs to respect contracts. Bevan said:
"Naturally we are delighted with the outcome for Alan but, at the same time,
sorry that he wasn't able to continue at West Ham United, a club that has
played such a prominent part in his professional career both as a player and
manager. "The findings of the tribunal demonstrate the critical importance
of respecting contracts which need to set out the roles and responsibilities
of the parties in clear and unequivocal terms."
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Alan Curbishley wins constructive dismissal case against West Ham
Alan Curbishley has won his case for constructive dismissal against West
Ham, the League Managers Association have announced.
Telegraph.co.uk
By Telegraph staff and agencies
Published: 2:42PM GMT 03 Nov 2009
An independent arbitration tribunal ruled that the Upton Park club was wrong
to sell Anton Ferdinand and George McCartney to Sunderland against his
wishes in September 2008.
The tribunal, which dismissed a counter claim from West Ham, will now assess
how much compensation the club will have to pay. Sunderland 2 West Ham
United 2 Curbishley said: "I am obviously delighted with this result. I very
much enjoyed my time at West Ham and never wanted to leave, but on joining
the club I insisted that my contract contained a clause confirming that I
would have final say on the selection of players to be transferred to and
from the club. "The club completely ignored my contract when selling Anton
Ferdinand, and when George McCartney was then sold, the club having given me
assurances that no players would be leaving the club after the sale of Anton
Ferdinand, I had no alternative but to resign. "My authority and integrity
were undermined and my position was made untenable. I now wish to put this
entire matter behind me."
Curbishley quit at the start of the 2008/09 season and launched his case
after which the club launched a counter-claim relating to the cost of
employing his successor Gianfranco Zola and his assistant Steve Clarke. The
counter-claim has proved unsuccessful. Richard Bevan, chief executive of the
League Managers' Association, said the outcome demonstrated the need for
clubs to respect contracts. Bevan said: "Naturally we are delighted with the
outcome for Alan but, at the same time, sorry that he wasn't able to
continue at West Ham United, a club that has played such a prominent part in
his professional career both as a player and manager. "The findings of the
tribunal demonstrate the critical importance of respecting contracts which
need to set out the roles and responsibilities of the parties in clear and
unequivocal terms."
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Curbs Wins Hammers Case
The Sun
ALAN CURBISHLEY has won his case for wrongful dismissal against West Ham
after claiming he had no option but to resign. A tribunal upheld
Curbishley's argument after he resigned last season following the club's
decision to sell Anton Ferdinand and George McCartney to Sunderland against
his wishes. The Premier League panel, which dismissed a counter claim from
West Ham, will now assess how much compensation the club will have to pay.
Curbishley said: "I am obviously delighted with this result. I very much
enjoyed my time at West Ham and never wanted to leave. "But on joining the
club I insisted that my contract contained a clause confirming that I would
have final say on the selection of players to be transferred to and from the
club. "The club completely ignored my contract when selling Ferdinand, and
when McCartney was then sold, the club having given me assurances that no
players would be leaving the club after the sale of Ferdinand, I had no
alternative but to resign. "My authority and integrity were undermined and
my position was made untenable. I now wish to put this entire matter behind
me."
West Ham's counter claim related to the cost of employing his successor
Gianfranco Zola and his assistant Steve Clarke. Richard Bevan, chief
executive of the League Managers' Association, said the outcome demonstrated
the need for clubs to honour contracts. Bevan said: "Naturally we are
delighted with the outcome for Alan but, at the same time, sorry that he
wasn't able to continue at West Ham United, a club that has played such a
prominent part in his professional career both as a player and manager. "The
findings of the tribunal demonstrate the critical importance of respecting
contracts which need to set out the roles and responsibilities of the
parties in clear and unequivocal terms."
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West Ham face £2m bill after former boss Alan Curbishley wins constructive
dismissal case
Daily Mail
By Sportsmail Reporter
Last updated at 3:18 PM on 03rd November 2009
Alan Curbishley is set to land £2million in compensation from former
employers West Ham United after the former manager won his case for wrongful
dismissal, the League Managers Association. The former Charlton chief
claimed in September 2008 he was constructively dismissed at Upton Park,
alleging a breach of his contract after the club sold Anton Ferdinand and
later George McCartney to Sunderland against his wishes. Curbishley quit the
Hammers at the start of the 2008/09 season and launched his case after which
the club launched a counter-claim relating to the cost of employing his
successor Gianfranco Zola and his assistant Steve Clarke. The counter-claim
has proved unsuccessful.
Speaking after the outcome, Curbishley said 'I am obviously delighted with
this result. 'I very much enjoyed my time at West Ham and never wanted to
leave, but on joining the Club I insisted that my contract contained a
clause confirming that I would have final say on the selection of players to
be transferred to and from the Club. The Club completely ignored my contract
when selling Anton Ferdinand, and when George McCartney was then sold, the
Club having given me assurances that no players would be leaving the Club
after the sale of Anton Ferdinand, I had no alternative but to resign. 'My
authority and integrity were undermined and my position was made untenable.
I now wish to put this entire matter behind me. I would like to thank the
LMA, my lawyers, Mike Morrison of Hill Dickinson, and Paul Gilroy QC, for
all of their support and for the hard work they put in on my behalf in order
to help me achieve this outcome.'
Richard Bevan, chief executive of the League Managers' Association, said the
outcome demonstrated the need for clubs to respect contracts. Bevan said:
'Naturally we are delighted with the outcome for Alan but, at the same time,
sorry that he wasn't able to continue at West Ham United, a club that has
played such a prominent part in his professional career both as a player and
manager. The findings of the tribunal demonstrate the critical importance of
respecting contracts which need to set out the roles and responsibilities of
the parties in clear and unequivocal terms.
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