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Sandgaard ownership discussion 2022-3 onwards (Meeting with CAST p138)

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Comments

  • supaclive
    supaclive Posts: 6,514
    They're very difficult to enforce because 

    a) A person needs to be able to earn a living and pay their bills, eat etc

    b) CAFC would have to show it caused harm to them for it to even be heard in a tribunal/court

    c) I can't see which agency etc "competes" with Charlton and would lose CAFC money


  • Callumcafc
    Callumcafc Posts: 63,764
    edited November 2022
  • Non competes are almost always going to be thrown out by any employment tribunal.

    When i left my old agency in Jan to launch my own business my CEO went utterly batshit at me and tried to extend my non compete from 6-12 months. I only needed 6 as was building it in the background anyway - but vividly remember my lawyer telling me that as a 20 year professional in sports marketing who earns a living from it, he wont be able to stop me earning money elsewhere. He then basically went away without a further argument.
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    Are noncompete clauses far more common in the states?
  • IdleHans
    IdleHans Posts: 10,962
    And what if the employee declines to sign this contract amendment? It can't be imposed unilaterally
  • billysboots
    billysboots Posts: 1,596
    Won’t stand up in court. Sounds like they need better HR advice 
  • carly burn
    carly burn Posts: 19,458
    Won’t stand up in court. Sounds like they need better HR advice 
    Or a lawyer on the board......
  • I believe that to enforce a non compete clause, the club would be required to take out a retrospective injunction once the said employee had started work for the new company that is "competing" with Charlton.

    I can't envisage any role at the club where a non compete would be relevant.  

    And how could a non compete work if you had been sacked or made redundant? "We are getting rid of you, but we will stop you working for someone else". I can see that being laughed out of court (not that it would ever get there).

    It looks like Tommy boys solicitors are no longer at the Freshfields level!
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  • Lordflashheart
    Lordflashheart Posts: 5,621
    edited November 2022
    In 1988 my Mum’s husband was a board director at a very large British holiday company - because he wasn’t a ‘yes man’ there was a boardroom coup, and they booted him out - there was however a VERY handsome financial package, but he had to sign an agreement that he would not work in the European travel industry for 5 years after going (because he knew too much) - he was happy to sign, and set up a company doing fly / drive holidays to the USA, just as that market was taking off

    He did very very well indeed

    The travel company that booted him out, went bust in 1991, for exactly the reasons that he was arguing would bring the company down unless they implemented his plans…..

    Karma baby, karma 😃 

    Edit - if anyone is interested, the big UK travel company was ‘Intl Leisure Group’ which had various brands, incl ‘Intasun’, ‘Club 18/30’ and ‘Air Europe’ - many of us of a certain age will, no doubt have been on an Intasun or 18/30 holiday at some point - my Mum had a Boeing 757 named after her in 1984 !!!
  • billysboots
    billysboots Posts: 1,596
    Won’t stand up in court. Sounds like they need better HR advice 
    Or a lawyer on the board......
    If they ever consulted him 


  • The key
  • Wow Flashy, how gorgeous is your Mum 🤩♥️
  • Cafc43v3r
    Cafc43v3r Posts: 21,600
    Chunes said:
    If you have bad results the manager is always going to get blamed. But with such an unbalanced squad and so many injuries, plus Stockley, I'm not sure what else I expect BG to do. 

    For me the biggest issue is the 'legacy players' brought in by an appalling recruitment strategy.

    According to Cawley, JJ described our squad as having "discipline and professionalism" problems. Garner has said the same. 

    We also know most of these players are on long-term contracts, with wages that mean we can't get rid of them and bring better characters/players in, and ones who are better suited to this system.

    For me, that is:

    a) The recruitment teams fault, for failing to properly assess the personality and playing qualities of the players.

    And b) The players faults for being unprofessional, which is the minimum we should expect as Charlton fans. If you're not going to be good enough for a promotion challenge, at least be hardworking. These are neither. 

    None of that is Garner's fault. You look at the people he has been allowed to bring in, someone like Egbo,  who is up for every game, and you know the kind of player BG wants.
    This started under Bowyer.  A lot (by no means all) of the players are better than our performances suggest over the last 2 years.  It goes all the way back to that Gillingham away game.

    The whole playing squad has churned in that time, bar 2 or 3.  It's a totally different coaching set up as well.

    I think part of the problem is the players aren't beholden to the manager for their future.  They know he will get sacked/leave before they do so they don't have the loyalty.

    I am not claiming they are world beaters and of course there are, obvious, gaps in the squad but they should be doing better, they should have done better last season and the one before.
  • I believe that to enforce a non compete clause, the club would be required to take out a retrospective injunction once the said employee had started work for the new company that is "competing" with Charlton.

    I can't envisage any role at the club where a non compete would be relevant.  

    And how could a non compete work if you had been sacked or made redundant? "We are getting rid of you, but we will stop you working for someone else". I can see that being laughed out of court (not that it would ever get there).

    It looks like Tommy boys solicitors are no longer at the Freshfields level!
    Like I said - idiots. What relationship do you have with sponsors that you want to dictate who they can employ?
    Whilst it’s clearly all guff, I believe this comes out of Mumford doing the RSK deal, and then leaving to work for RSK - I know that TS tried desperately to convince Mumford to stay, but Mumford found the whole set up at Charlton utterly weird in comparison to his previous life at Joma 
  • Wow Flashy, how gorgeous is your Mum 🤩♥️
    I know, it where I get my dashing, handsome great looks from 😉
  • Wow Flashy, how gorgeous is your Mum 🤩♥️
    I know, it where I get my dashing, handsome great looks from 😉
    Obviously 😁
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  • garfield
    garfield Posts: 336


    And here is the proof !!!

    I have one of the solid silver keys that actually started the plane !!
    What a great story :)
  • sillav nitram
    sillav nitram Posts: 10,164
    edited November 2022


    And here is the proof !!!

    I have one of the solid silver keys that actually started the plane !!
    Are they all living in a parallel universe where everything is on its side?
  • Non competes are almost always going to be thrown out by any employment tribunal.

    When i left my old agency in Jan to launch my own business my CEO went utterly batshit at me and tried to extend my non compete from 6-12 months. I only needed 6 as was building it in the background anyway - but vividly remember my lawyer telling me that as a 20 year professional in sports marketing who earns a living from it, he wont be able to stop me earning money elsewhere. He then basically went away without a further argument.
    Did the same two years ago. Nothing in my contract to say otherwise and an old client phoned me straight away and asked to carry on working directly with me instead of them. 
  • CL_Phantom
    CL_Phantom Posts: 5,513
    Cafc43v3r said:
    Chunes said:
    If you have bad results the manager is always going to get blamed. But with such an unbalanced squad and so many injuries, plus Stockley, I'm not sure what else I expect BG to do. 

    For me the biggest issue is the 'legacy players' brought in by an appalling recruitment strategy.

    According to Cawley, JJ described our squad as having "discipline and professionalism" problems. Garner has said the same. 

    We also know most of these players are on long-term contracts, with wages that mean we can't get rid of them and bring better characters/players in, and ones who are better suited to this system.

    For me, that is:

    a) The recruitment teams fault, for failing to properly assess the personality and playing qualities of the players.

    And b) The players faults for being unprofessional, which is the minimum we should expect as Charlton fans. If you're not going to be good enough for a promotion challenge, at least be hardworking. These are neither. 

    None of that is Garner's fault. You look at the people he has been allowed to bring in, someone like Egbo,  who is up for every game, and you know the kind of player BG wants.
    This started under Bowyer.  A lot (by no means all) of the players are better than our performances suggest over the last 2 years.  It goes all the way back to that Gillingham away game.

    The whole playing squad has churned in that time, bar 2 or 3.  It's a totally different coaching set up as well.

    I think part of the problem is the players aren't beholden to the manager for their future.  They know he will get sacked/leave before they do so they don't have the loyalty.

    I am not claiming they are world beaters and of course there are, obvious, gaps in the squad but they should be doing better, they should have done better last season and the one before.

    Wait so it wasn't Matthews, Washington,Watson and Gunter?!?!?!

    It's DJ, JFC,  Stockley and Inniss!


    😱😱😱


  • IdleHans
    IdleHans Posts: 10,962
    Non competes are almost always going to be thrown out by any employment tribunal.

    When i left my old agency in Jan to launch my own business my CEO went utterly batshit at me and tried to extend my non compete from 6-12 months. I only needed 6 as was building it in the background anyway - but vividly remember my lawyer telling me that as a 20 year professional in sports marketing who earns a living from it, he wont be able to stop me earning money elsewhere. He then basically went away without a further argument.
    Charlie Kirk seems to be sticking to the one he signed at his last place
  • cabbles
    cabbles Posts: 15,255
    It’s crazy to think he hired Freshfields or whatever magic circle firm to complete the purchase, but has googled employment contract templates for the staff.  He’s losing the plot.  I’m amazed Greenwich meantime brewery have gone into business with him to be honest.  
  • Fumbluff
    Fumbluff Posts: 10,126
    edited November 2022

    I think you’re all over-worrying about this, he’s just aligning all the contracts now as all the footballers he’s hired have had a “can’t compete for Charlton” clause over the last couple of years….


  • And here is the proof !!!

    I have one of the solid silver keys that actually started the plane !!
    Are they all living in a parallel universe where everything is on its side?
    I just thought the plane was taking off
  • carly burn
    carly burn Posts: 19,458
    edited November 2022
    It's all getting very Rolandy.

    I've not seen anything to suggest the current dozy incumbent of this great club is doing any less damage than Roland.
    We've protested over on par situations in the past.
    Can anyone tell me one positive implementation that this fella has bought to us in nigh on two years?

    #Sandgaardout!
  • NabySarr
    NabySarr Posts: 4,284
    It's all getting very Rolandy.

    I've not seen anything to suggest the current dozy incumbent of this great club is doing any less damage than Roland.
    We've protested over on par situations in the past.
    Can anyone tell me one positive implementation that this fella has bought to us in nigh on two years?

    #Sandgaardout!
    I think the protests would probably start after January if/when we’ve fallen way off the play offs. Somehow we are still not that far off them at the moment so TS has a January window to try and save himself