FORUMS > Bradford Bulls > carvell |
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| Quote: martinwildbull "Correct, those are the implications of my comment IF they succeed against Carvell. if the bulls win and Carvell should have accepted the TUPE with the same terms then the RFL have to accept the courts decision that he is a Bradford player. the next thing they have to decide is his transfer value as clearly there is no going back. If it is breach of contract then Carvell could be liable for the tranfer fee himself as through his breach Bulls have not been able to negotiate with Hull for it (tho you would have thought that Hull would pay it - BUT it would be a payment to a player so part of the salary cap, AND liable for any one off costs that Bradford have to pay to get a replacement in. No wonder the RFL are staying as far away as possible! Whilst I would not wish an injury upon any player, I do hope that the implications of what he could be liable for weigh a little bit on his playing mind when we play Hull.
To return yet again to a previous comment, we tuped Platt at the inflated salary he was on, if Carvell is correct then we want our money back from Platt.
So it all hinges on legalese, I doubt that Hull would let it become Carvells liability so would sensibly come to a settlement, which I am sure is all we want anyway.'"
my limited understanding is you are tupe'd over on the same terms and conditions which is platt, you can refuse the transfer and walk away ! which carvell has done !
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| So if Carvell (now "registered" with Hull FC) has not returned the sponsored Bulls car and is still using this car to travel to Hull etc could this be considered a Taken Without Consent situation?
What a mess
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| Quote: martinwildbull "Correct, those are the implications of my comment IF they succeed against Carvell. if the bulls win and Carvell should have accepted the TUPE with the same terms then the RFL have to accept the courts decision that he is a Bradford player. the next thing they have to decide is his transfer value as clearly there is no going back. If it is breach of contract then Carvell could be liable for the tranfer fee himself as through his breach Bulls have not been able to negotiate with Hull for it (tho you would have thought that Hull would pay it - BUT it would be a payment to a player so part of the salary cap, AND liable for any one off costs that Bradford have to pay to get a replacement in. No wonder the RFL are staying as far away as possible! Whilst I would not wish an injury upon any player, I do hope that the implications of what he could be liable for weigh a little bit on his playing mind when we play Hull.
To return yet again to a previous comment, we tuped Platt at the inflated salary he was on, if Carvell is correct then we want our money back from Platt.
So it all hinges on legalese, I doubt that Hull would let it become Carvells liability so would sensibly come to a settlement, which I am sure is all we want anyway.'"
Not really. Carvell's employment status and his RFL registration are separate issues legally and the RFL can't be bound by the outcome of a court case it was not a party to. If the Bulls want the court to order the RFL to accept that he is registered to Bradford, not Hull, they need to sue the RFL too.
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| Quote: tamargrace "my limited understanding'"
modesty becomes the lady
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| Or it could be that the Bulls do not intend to see this through but one of the other interested parties the RFL is talking to may take on ownership of the Bulls. If that required a further TUPE from Bulls 2014 to another new company I can see logic in creating enough of a stir to discourage anyone else from following suit?
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| Without reading most of the last few pages,I think the Bulls are well within their rights to pursue this, I also think this is not Hulls fault.The player and the agent should be pursued.We have lost a very good player but think he certainly needs to learn a few lessons on how to go about things,lost all respect for him now.
Regarding the company car situation,if turns out his insurance on the car finished when he walked out and he gets 3 points on his licence,he could have more points than us in 2 week if we get off to a bad start
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| What will happen if next week the administrator accepts a better offer from the new guy? As all the players have been TUPE'd to BB2014, they can't be un-TUPE'd - that would be ridiculous, and isn't legally possible.
Maybe they could do something like the Bobby Ewing shower scene.
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| He cant have twoc-ed the sponsors car if it's due to him under the terms of his contract (which the Bulls say is still valid). Similarly, he can't be said to have resigned if he's not handed it back. Can he?
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| Quote: Heritage "Sadly, he's not a kid. He just appears to be someone who has more negatives to offer than positives and occasionally comes out with comments like that which do himself no credit and perhaps more importantly brings the majority of Bulls fans into disrepute.'"
How exactly do I bring "the majority of Bulls fans into disrepute?"
My views are mine alone, not a representation of the fans overall.
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| Oh I do enjoy a good pantomime, and you guys have never failed to deliver over the last couple of years. I'd say Carvell has taken Legal Advice, which has pointed him in a particular direction, and why he has decided that 'Ull is the better option. And Redhall have apparently received similar advice.
Given previous Bradford Directors' attitude to Contracted players, Iestyn Harries anyone, the outraged knee jerking by the current lot does raise a smile. FA I'm sure will be able to give you Chapter and Verse on TUPE regs, but I'm pretty sure you are not obliged to accept any new contract with the Newco.
And he will no doubt point out that Legal Action tends to be expensive, a point your creditors will have noticed as well........
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| Quote: major black "7th of March should be a tasty affair anyway. As long as he's not been sidelined through a career ending injury as some douchebag on here is hoping for.'"
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| Yes we all know that you can refuse be TUPE'd but it has to be done within a certain time and that is the whole crux the matter. You either accept or decline and then try look for other employ. You can't wander the country until you find another employer and the decide to decline. As said previously keeping company assets is seen as implied acceptance.
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| All the cash taken by Gareth since he joined the Bulls has been offered back but not accepted yet so Carvs says on twitter.
Think it would be best for Bulls to cut and run, save on legal costs etc
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| The sports lawyer in the T&A report said you had to decide the same day if you accept or not,if I'm not mistaken.Certainly not wait for next pay day to receive your wage and keep driving round in the sponsored car
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| Quote: PAC "All the cash taken by Gareth since he joined the Bulls has been offered back but not accepted yet so Carvs says on twitter.
Think it would be best for Bulls to cut and run, save on legal costs etc'"
And we all know we can believe what Carvs says. Lying barsteward.
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