| FORUMS > Bradford Bulls > Court Cases Brewing - Trouble ahead |
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| Quote: Mirfieldbull "BBN is liquidated, so unless there is an issue on timing TUPE can't apply.
Given the RFL gave a 2 week deadline to submit bids to form a new company to run a team in Bradford, I'd have expected legal claims to happen in that period for any TUPE claims.'"
It isn't liquidated yet, that's the point. Go and check on companies house, the company is still in the process of being liquidated. |
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| Quote: Nothus "It isn't liquidated yet, that's the point. Go and check on companies house, the company is still in the process of being liquidated.'"
How CAN they still be being liquidated? They can't have anything to BE liquidated!
rlhttps://www.youtube.com/watch?v
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| Quote: Fr13daY "How CAN they still be being liquidated? They can't have anything to BE liquidated!
rlhttps://www.youtube.com/watch?v'"
One reason could be that HMRC are dragging their heels or objecting to the company being wound up. Weren't they supposed to be going after Marc Green personally? They might want to keep the company alive while they do so. |
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| Quote: Nothus "It isn't liquidated yet, that's the point. Go and check on companies house, the company is still in the process of being liquidated.'"
Ok so the process isn't complete, but the administrator and the RFL were clear that it was in administration (or would be at some time in the future), so the new co took on the RFL license in good faith, having been approved by the RFL. If there is a basis of a claim, I can't see any way it can stick on new co, the RFOr administrator are potential targets |
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| Quote: Mirfieldbull "Ok so the process isn't complete, but the administrator and the RFL were clear that it was in administration (or would be at some time in the future), so the new co took on the RFL license in good faith, having been approved by the RFL. If there is a basis of a claim, I can't see any way it can stick on new co, the RFOr administrator are potential targets'"
Apologies for administration read liquidation |
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Quote: Nothus "
The only thing I can think of that might drag the newco into this is whether there was any tupe stuff going on between the two companies. We all thought BBN Ltd was liquidated but that doesn't appear to be the case, so who knows.'"
Well according to the rather interesting administrators report, the club assets (I.E The logo, brand etc) were sold to the RFL for £60,000 on 18th January So even if the holding company got brought by someone on the 19th for example, they couldn't call themselves Bradford Bulls.
I believe once they RFL legally brought the asset brand, they can do what they like with it. They then obviously sold it to Chalmers and Lowe at a later date.
Basically if anyone of us brought a ST from the club during the admin period (which is an asset as such) it doesn't make us liable for staff wages. Same with the RFL buying the brand. doesn't make us or them suddenly liable for unpaid wages i believe.
I'm no legal expert and could be completely wrong, but from my limited knowledge, that's how i underatnd it and i believe we won't have anything to answer to.
Admin report below. First time i've read it and just made the blood boil again
https://s3-eu-west-1.amazonaws.com/docu ... 3qnLyAU%3D |
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Quote: Nothus "
The only thing I can think of that might drag the newco into this is whether there was any tupe stuff going on between the two companies. We all thought BBN Ltd was liquidated but that doesn't appear to be the case, so who knows.'"
Well according to the rather interesting administrators report, the club assets (I.E The logo, brand etc) were sold to the RFL for £60,000 on 18th January So even if the holding company got brought by someone on the 19th for example, they couldn't call themselves Bradford Bulls.
I believe once they RFL legally brought the asset brand, they can do what they like with it. They then obviously sold it to Chalmers and Lowe at a later date.
Basically if anyone of us brought a ST from the club during the admin period (which is an asset as such) it doesn't make us liable for staff wages. Same with the RFL buying the brand. doesn't make us or them suddenly liable for unpaid wages i believe.
I'm no legal expert and could be completely wrong, but from my limited knowledge, that's how i underatnd it and i believe we won't have anything to answer to.
Admin report below. First time i've read it and just made the blood boil again
https://s3-eu-west-1.amazonaws.com/docu ... 3qnLyAU%3D | |
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Link doesn't work mate.
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| Quote: Nothus "The article in the guardian mentions that some of the individuals making the claims are being represented by the same solicitor that is dealing with the Cas/Denny Solomona case.
Those muppets on twitter might not realise the difference but I'm pretty sure that solicitor knows what's up.
The only thing I can think of that might drag the newco into this is whether there was any tupe stuff going on between the two companies. We all thought BBN Ltd was liquidated but that doesn't appear to be the case, so who knows.'"
There were no staff to TUPE across as they were all made redundant by the adminstrator. |
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Surely if the new club were having to buy assets and IP (via the RFL), then that is another indicator that there was no TUPE involved anyway. Clearly things weren't transferred between the two companies, they were bought from the administrator. If they were buying the logo and name, they certainly weren't transferring staff to a new parent company.
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| Quote: HamsterChops "Surely if the new club were having to buy assets and IP (via the RFL), then that is another indicator that there was no TUPE involved anyway. Clearly things weren't transferred between the two companies, they were bought from the administrator. If they were buying the logo and name, they certainly weren't transferring staff to a new parent company.'"
Agreed! Any claim aimed at the club could only be based on a 'collusion' ticket between new co and the RFL which resulted in employees and/or creditors being shafted, alleged! |
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"If you start listening to the fans it won't be long before you're sitting with them," - Wayne Bennett.:d7dc4b20b2c2dd7b76ac6eac29d5604e_438.jpg |
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Pretty difficult to prove without a smoking gun.
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I think that TUPE regulations do apply (see below) as the business had a different owner but when insolvent/liquidated they are relevant when the business remains.
"The employees are unlikely to be protected under TUPE if the business is closing down. However, TUPE regulations will normally apply if it’s being rescued and taken over or transferred."
Link https://www.gov.uk/transfers-takeovers/ ... businesses |
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I think that TUPE regulations do apply (see below) as the business had a different owner but when insolvent/liquidated they are relevant when the business remains.
"The employees are unlikely to be protected under TUPE if the business is closing down. However, TUPE regulations will normally apply if it’s being rescued and taken over or transferred."
Link https://www.gov.uk/transfers-takeovers/ ... businesses | |
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| Quote: Nelson "I think that TUPE regulations do apply (see below) as the business had a different owner but when insolvent/liquidated they are relevant when the business remains.
"The employees are unlikely to be protected under TUPE if the business is closing down. However, TUPE regulations will normally apply if it’s being rescued and taken over or transferred."
Link
Well you learn something every day. On reading below it's a lot greyer than I believed, so there could be a case to answer. I guess it depends on the definition of rescued, taken over or transferred. But, employees could only claim for the loss they incurred, so player x had a 2 year contract with BBN for 2 years at £40k per year, but accepted a 2 year contract at £30k per year, he could only claim £20k. Also, I believe all the players who left before new co was set up would struggle to get anything, they took their chance on gaining employment before new co could offer them anything.
Perhaps that's what Chisholmwas doing at Belle Vue on Sunday
6. Insolvent businesses
If the employer is insolvent and the business is being transferred or taken over by another company, the protection employees get is different from in a normal transfer.
The employees are unlikely to be protected under TUPE if the business is closing down. However, TUPE regulations will normally apply if it’s being rescued and taken over or transferred.
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Given the newco's lawyers don't seem to have a clue about how contracts, visas or other legal documents work I wouldn't be surprised if they ended up somehow paying the salaries for the entire championship!
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