Curbishley in line for £2m payout from West Ham

Caption competition
Caption competition
View past winners of our Sports caption competition
News in pictures
News in pictures
On Facebook
Sport blogs

Rugby League: World Club Challenge raises profits, and eyebrows

After 40-odd years of watching and writing about this game, I thought I had my eyebrows under contro...

iBet: AC Milan’s lead at the top looks temporary

Juventus lost the lead of Serie A in Italy at the weekend by virtue of their game with Bologne being...

Financial strife fails to dim smiles at high-flying Rayo Vallecano

This is a club that, despite all it's off-the-field financial problems, is currently flourishing in ...

West Ham United tried to sue Alan Curbishley for £2m – the initial cost of replacing him with Gianfranco Zola – it emerged yesterday after the former Hammers manager won his case for constructive dismissal.

The compensation payout for Curbishley is yet to be decided by the Premier League tribunal but he is expected to be paid around £2m. Curbishley resigned on 3 September last year after the club sold Anton Ferdinand and George McCartney against his wishes.

West Ham's lawyers attempted to prove that Curbishley had left them in the lurch by resigning and as a result he was in breach of his contract. That they failed miserably is another victory for the League Managers' Association in asserting the rights of their members to have the terms of their contracts properly adhered to.

The case – decided by the three-man panel of Sir Philip Otton, David Phillips QC and Edwin Glasgow QC – was understood to be even more black and white than Kevin Keegan's victory over Mike Ashley. Like Keegan, Curbishley resigned over the club's failure to give him final say over transfers.

However, while Keegan's tribunal established that his right to control transfers was "implied". Curbishley had that authority as one of the "express terms" written into his contract: clause 4(1)(a) expressly stipulated that he alone was in charge of the transfers of the players.

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."

A number of West Ham officials, including the chief executive Scott Duxbury, gave evidence to the tribunal which also found that the club had failed to follow basic procedures laid out in Curbishley's contract. A statement from the tribunal read: "The executive directors erroneously attempted to override the manager's contractual right by selling the players against his wishes."

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

No secularism please, we're British

No secularism please, we're British

Arguments about the role of religion in national life have recently acquired a new urgency
Harold Tillman: 'Chinese tourists can save the high street – if we let them'

Harold Tillman interview

'Chinese tourists can save the high street – if we let them'
Working as a jail torturer ruined my life

Working as a jail torturer ruined my life

Meet the former soldier who has joined the political prisoners he tortured in Turkey's Mamak prison by suing the generals who led a regime of terror
The local high street jet shop

The local high street jet shop

Got a spare $50m and can't stand the queues at Heathrow? Get yourself down to London's first private plane dealership
Do you like your doctor? It could be the death of you

Do you like your doctor?

It could be the death of you...
The mysterious affair of how Agatha Christie is teaching foreigners English

How Agatha Christie is teaching foreigners English

Twenty of the author's novels have been adapted and presented with learning notes and a CD
Six Grammys, five years off: Adele puts love before career

Six Grammys, five years off

Adele puts love before career
The 10 Best binoculars

The 10 Best binoculars

From no-frills to bins with digital cameras
Milan for £300

Milan for £300?

A cultural family holiday - on a budget - to Italy's most stylish city
'Black-hole' resorts: Turn up, tune out, log off

'Black-hole' resorts

Turn up, tune out, log off
New Arsenal face an old question of credibility in San Siro

New Arsenal face an old question of credibility in San Siro

Remodelled since winning in Milan in 2008, for all their consistency – and prize-money – Wenger's side are yet to claim a European title
James Lawton: This prodigal son deserves no forgiveness

James Lawton: This prodigal son deserves no forgiveness

City would be putting their desire to win title ahead of morals if Tevez plays for them
Mark Cavendish: Is Olympic gold at end of the rainbow?

Mark Cavendish interview

Is Olympic gold at end of the rainbow?
Apple admits it has a human rights problem

Apple admits it has a human rights problem

After years of complaints and workers' suicides in China the technology giant faces up to the human cost of its gadgets