Former England manager Fabio Capello’s employment contract probably entitled him to select the team captain, according to a London sports lawyer.
Most football managers’ contracts refer to the right to allocate senior positions such as the captain and training staff, either explicitly or implicity, said Berwin Leighton Paisner disputes partner Graham Shear.
“In many managers’ contracts there is an entitlement to choose the team and to appoint [senior roles], unless there are certain events that take that out of the manager’s control,” Shear said.
“There may be something in his contract that entitle him to make that decision.”
He added: “I’ve seen some [contracts] where it’s specified and I’ve seen some where it isn’t. I’d suggest that where it isn’t, it’s implied.”
The clause is sensible because the captain is “the on-pitch representation of the manager”, Shear added.
The Football Association (FA) announced Capello’s resignation on its website yesterday after the Italian gave an interview to his home country’s state TV network RAI, criticising the FA’s decision to remove Chelsea defender John Terry from his role as England captain.
Terry had been stripped of the captaincy pending his trial this summer over alleged racial abuse of QPR player Anton Ferdinand.
The FA is expected to have taken in-house legal advice on the matter, while Capello usually turns to his son Pierfilippo, a lawyer at Studio Guardamagna e Associati in Milan who negotiated his contract when the former Juventus and Real Madrid manager took on the England role.
Readers' comments (11)
Anonymous | 9-Feb-2012 2:42 pm
so the clause might or might not be in the contract and, if it isn't, it might be implied. very insightful. out of interest, why did you not seek the view of a leading employment lawyer on whether a particular term would be implied into a contract of employment? a sportsman's employment contract is no more 'sports law' than a banker's employment contract is banking law
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Anonymous | 9-Feb-2012 4:50 pm
The only sensible thing on this page is the comment at 1442
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Mickey Mouse | 10-Feb-2012 0:20 am
Some mighty powerful legal analysis in this here article!
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Flashofthebleedingobvious | 10-Feb-2012 1:41 pm
In an article a few days ago by Mark Palio (ex FA CEO) he said that since the Rio/DrugsTest incident they have always inserted a clause in the manager's contract that the CEO/Board have the ultimate right to make a decision on selection/captain.
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Guido | 10-Feb-2012 2:46 pm
It's either in the contract in black and white or it's not. No grey areas here. If the former, then Capello has a grievance if not then tough. Either way it should be obvious and not a subject for legal waffle.
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The Inn Crowd | 10-Feb-2012 3:47 pm
The main thing is that he is no longer manager, the truth is he should have been sacked after the world cup fiasco. My main concern is what apears to be the inability of the FA to get a decent manager for the English team.
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Anonymous | 10-Feb-2012 4:46 pm
Legality aside, I think the FA are hooligans. The man did his job and some yahoo comes along and does things that are less than sterling and then has the cajones to blow his own horn - I am sooooooo great. Just pure rubbish.
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ZX10R | 10-Feb-2012 5:02 pm
No matter which way you dress this whole episode up, the fact remains - irrespective of 'right', the FA have confirmed, by their recent actions, that the England manager position is a 'poisoned chalice'
No manager in their right mind should let the emotional importance of the role overtake the need to work under the shambolic heirarchy of the FA
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No win no fee | 10-Feb-2012 6:10 pm
I would like to think the basis of article is correct but this is the English FA we are talking about.
The breakdown of trust between the two parties was irreparable so the inevitable happened. I would guess FC was paid up in full with a little extra to say very little.
Perhaps you could offer FC some advice to make a claim on a "no win no fee" basis!
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chris morrison | 11-Feb-2012 9:44 am
perhaps a more interesting analysis would cover the liabilities of the FA in this situation for Capello's remuneration in respect of the unexpired portion of his previously agreed term of tenure. Has the action of the FA over Terry been serious enough to amount to grounds for his walking away, then claiming he has in effect been dismissed from his post? I would find it hard to think that, but for another reason I'm glad he has gone. I remain to be convinced that he hasn't just milked the position and now is leaving just ahead of the time where one or two shortcomings are likely to be confirmed in similar fashion to the last World Cup, the timing of this certainly would appear somewhat convenient to that at least.
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Anonymous | 13-Feb-2012 11:43 am
Does anyone give a brass monkey
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