Curbishley in line for £2m payout from West Ham

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."

Have you tried new the Independent Digital Edition apps?
Caption competition
Caption competition
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

Bleacher Report

Daily Quiz
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

Orthorexia nervosa: How becoming obsessed with healthy eating can lead to malnutrition

Orthorexia nervosa

How becoming obsessed with healthy eating can lead to malnutrition
Lady Chatterley is not obscene, says TV director

Lady Chatterley’s Lover

Director Jed Mercurio on why DH Lawrence's novel 'is not an obscene story'
Farmers in tropical forests are training ants to kill off bigger pests

Set a pest to catch a pest

Farmers in tropical forests are training ants to kill off bigger pests
Mexico: A culture that celebrates darkness as an essential part of life

The dark side of Mexico

A culture that celebrates darkness as an essential part of life
Being sexually assaulted was not your fault, Chrissie Hynde. Don't tell other victims it was theirs

Being sexually assaulted was not your fault, Chrissie Hynde

Please don't tell other victims it was theirs
A nap a day could save your life - and here's why

A nap a day could save your life

A midday nap is 'associated with reduced blood pressure'
If men are so obsessed by sex, why do they clam up when confronted with the grisly realities?

If men are so obsessed by sex...

...why do they clam up when confronted with the grisly realities?
The comedy titans of Avalon on their attempt to save BBC3

Jon Thoday and Richard Allen-Turner

The comedy titans of Avalon on their attempt to save BBC3
The bathing machine is back... but with a difference

Rolling in the deep

The bathing machine is back but with a difference
Part-privatised tests, new age limits, driverless cars: Tories plot motoring revolution

Conservatives plot a motoring revolution

Draft report reveals biggest reform to regulations since driving test introduced in 1935
The Silk Roads that trace civilisation: Long before the West rose to power, Asian pathways were connecting peoples and places

The Silk Roads that trace civilisation

Long before the West rose to power, Asian pathways were connecting peoples and places
House of Lords: Outcry as donors, fixers and MPs caught up in expenses scandal are ennobled

The honours that shame Britain

Outcry as donors, fixers and MPs caught up in expenses scandal are ennobled
When it comes to street harassment, we need to talk about race

'When it comes to street harassment, we need to talk about race'

Why are black men living the stereotypes and why are we letting them get away with it?
International Tap Festival: Forget Fred Astaire and Ginger Rogers - this dancing is improvised, spontaneous and rhythmic

International Tap Festival comes to the UK

Forget Fred Astaire and Ginger Rogers - this dancing is improvised, spontaneous and rhythmic
War with Isis: Is Turkey's buffer zone in Syria a matter of self-defence – or just anti-Kurd?

Turkey's buffer zone in Syria: self-defence – or just anti-Kurd?

Ankara accused of exacerbating racial division by allowing Turkmen minority to cross the border