FORUMS > Bradford Bulls > Tribunal Case |
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| Quote: thepimp007 "Thats the thing, but didn't Pettit make everybody redundant? Wouldn't that clear the need for TUPE if the players were clubless'"
Did he? If so when? Do you know that for sure? If it was that simple why would there even be a case?
Even if he did if a new club suddenly pops up with the same stadium, same training centre, same (some of the) staff, etc. The RFL also insisted that any Newco must suffer a points deduction, reduction in central funding and pay off some "rugby debts" of the old club and comply with all sorts of conditions (MUST PLAY AT ODSAL) that could only ever apply to a continuing operation. No way would any totally new entrant be so penalised or constrained. Newco then re-hire the players to then play in the same kit under the same name. It looks to me like avoidance of TUPE to me at the very least. Cramer undoubtedly has a case.
Otherwise why would the RFL have had a top barrister try and get most of the claims dismissed on a technicality (absurdly, as the judge ruled) if they weren't genuinely concerned?
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to save even more legal costs, Bullseye.
Tupe 8(7) applies as follows:
https://www.businessrescueexpert.co.uk/ ... nsolvency/
So you can even buy oldco assets - eg the name - and avoid TUPE. So I would guess any case revolves around how the insolvency became terminal, that strange last minute no-offer-good-enough scenario that resulted in liquidation, or was said to result.
I am not a conspiracy theorist but this could start me on that slippery slope to positively persistent nay perpetual paraonoia.
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to save even more legal costs, Bullseye.
Tupe 8(7) applies as follows:
https://www.businessrescueexpert.co.uk/ ... nsolvency/
So you can even buy oldco assets - eg the name - and avoid TUPE. So I would guess any case revolves around how the insolvency became terminal, that strange last minute no-offer-good-enough scenario that resulted in liquidation, or was said to result.
I am not a conspiracy theorist but this could start me on that slippery slope to positively persistent nay perpetual paraonoia.
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| I am no TUPE expert, but my unease about it is not because of the business being reborn under the same name etc., that happens all the time, in various ways, it is the muddy waters of the question of whether the old company did or did not go into liquidation before the new owners acquired what they acquired. It was reported that the old company had been liquidated but that seemed to me far too speedy as these things take time. If they'd waited till it was liquidated then we'd probably have been bullet proof. But might also have missed the first part of the season.
If the old company had still not been actually liquidated, though, then I suspect that may be one of the likely central difficulties.
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| One hymn sheet, two choristers, though I do have occasional problems harmonising my basso profundo with your counter-tenor, FA
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| Quote: Ferocious Aardvark "
If the old company had still not been actually liquidated, though, then I suspect that may be one of the likely central difficulties.'"
Think you may be onto something there.
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| Quote: Bullseye "Did he? If so when? Do you know that for sure? If it was that simple why would there even be a case?
Even if he did if a new club suddenly pops up with the same stadium, same training centre, same (some of the) staff, etc. The RFL also insisted that any Newco must suffer a points deduction, reduction in central funding and pay off some "rugby debts" of the old club and comply with all sorts of conditions (MUST PLAY AT ODSAL) that could only ever apply to a continuing operation. No way would any totally new entrant be so penalised or constrained. Newco then re-hire the players to then play in the same kit under the same name. It looks to me like avoidance of TUPE to me at the very least. Cramer undoubtedly has a case.
Otherwise why would the RFL have had a top barrister try and get most of the claims dismissed on a technicality (absurdly, as the judge ruled) if they weren't genuinely concerned?'"
I'm only going off what was reported at the time. Totally agree What was reported and what actually happened will be two different things hence the current mess
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| Case resolved...
rlhttps://www.totalrl.com/bradford-bulls-legal-dispute-settled-rfl-reach-agreement/rl
Time to move on.
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| Fantastic news! Brilliant brilliant news to start the weekend!
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| Does it mean it's resolved, or does it just mean that the case against the RFL is resolved?
Wasn't their a case against us, as well?
I don't know much about these things but the statement just seems to indicate that the RFL's involvement is finished.
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| Quote: Bulls4Champs "Does it mean it's resolved, or does it just mean that the case against the RFL is resolved?
Wasn't their a case against us, as well?
I don't know much about these things but the statement just seems to indicate that the RFL's involvement is finished.'"
Opening paragraph reads:
The Rugby Football League and Bradford Bulls 2017 Limited have confirmed that they have reached an agreement with Bradford Bulls Northern Limited players and staff which brings their employment tribunal proceedings against both parties to an end.
That suggests to me its completely resolved
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| Superb
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| If I hadn't already got my season ticket I'd go and get one ....best news this year !!!!
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| Perhaps it's just me, but I do have a slight feeling of disappointment. I really hoped to see some skeletons being forcibly dragged from closets!
Great news on one level, but ...yeah...
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| I won't be surprised if the deal involves confidentiality clauses, and we never really get to find out what the net cash result for us actually was. Unless some sharp accountant type manages in a couple of years time find some clues in the accounts. But if we're stilll around, nobody will be interested y then anyway.
Best news we've had for ages, what with Ethan and Dane signed up, John Kear at the helm, and now this, I can't remember the last time the light in the tunnel was this bright, and wasn't a train.
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