TALENTED FOOTBALLER OR REBELLIOUS EMPLOYEE?

Tevez’s refusal to play during the Manchester City v Bayern Munich game in September has brought a key issue to the forefront of the entire footballing industry. Who is in charge? A Manager or a player?
Tevez refused to play in the Champions League game despite being requested to do so by City boss Roberto Mancini. Tevez was on the bench, had warmed up, and was ready to play. The refusal has infuriated fans, particularly since there was still time for the team to turn around the eventual 2-0 score. Many will blame Tevez personally for the poor result.

After all, isn’t playing football a pretty basic task for a professional footballer? What are they paid for if they don’t play football?

Footballers as Special category of employees
Most fans will believe that if footballers don’t play, they don’t get paid. However, the reality is that professional football players are employees. The enviable salaries paid to top footballers may give the impression that they are a ‘special’ or ‘exceptional’ category of employee, but the fact remains that Football Clubs are employers and they are just as susceptible to tribunal claims as any other business in the UK.

So what options will the Club have? Can they simply terminate Tevez’s contract? The quick answer is yes, but that would risk an expensive tribunal claim. Terminating the contract without following the full disciplinary procedure would probably result in Tevez placing a claim for unfair dismissal and any compensation awarded would be increased by up to 25% simply because the procedure wasn’t followed.


Tevez to be Suspended?
The safest option is to follow the procedure. This means suspending the player (on full pay) pending an investigation. The purpose of the investigation is to establish all of the facts before deciding whether to take formal action. Tevez has been suspended so it would appear that the Club has sought legal/HR advice on the best way to resolve this.

Depending on the outcome of the investigation, disciplinary action will follow. Having to follow the procedure may infuriate fans who believe the footballer has behaved unprofessionally and does not deserve to keep his job, but businesses throughout the UK have to go through this process when employees refuse to carry out their job, and a football club is no different.

Managers and employees often disagree, and the vast numbers of tribunal claims are testament to that. The issue here is whether a professional footballer can refuse to play, even when directly instructed to do so during an important game. Football fans will undoubtedly say no.

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