Curbishley in line for £2m payout from West Ham
Wednesday 04 November 2009
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."
Latest in Sport
Robin van Persie to Lekhwiya: Manchester United striker linked with switch to join Michael Laudrup in Qatar
Francis Coquelin: The would-be Zinedine Zidane now making an impression as Arsenal’s Claude Makelele
Jules Bianchi update: Ex-Marussia driver in a 'stagnant' condition as he continues to fight for his life after F1 crash
Premier League 2015/16 kits: Confirmed and rumoured strips from Arsenal, Manchester United, Liverpool, Chelsea and others
Manchester United transfer news: Louis van Gaal turns to Valencia defender Nicolas Otamendi after Mats Hummels delay
- 1 Games of Thrones actor Lena Headey makes emotional promise to her unborn daughter
- 2 Isis burns woman alive for refusing to engage in 'extreme' sex act, UN says
- 4 Female Muay Thai champion hustles coaches to give them a beating
- 5 Picture of couple posing with beached dolphin 'that later died' causes outrage
As a white man, I'm surprised more women aren't tweeting the hashtag #KillAllWhiteMen
Scotland may have to leave the EU even if it votes to stay in, David Cameron confirms
Report finds that Britain's wages are the most unequal in Europe
The day that Britain resigned as a global power
Almost a third of school pupils believe 'Muslims are taking over our country', study claims
SNP fury as HS2 finds 'no business case' for taking fast train service to Scotland