Another jewel in the Russell Martin to Southampton saga became evident yesterday when the Saints made it known to several journalists their position on the situation of his employment. And a new turning point became evident as a result. This means that once the Championship fixtures of Southampton are announced next week they will appoint Martin as their new manager. The reason ? Any compensation they have to pay for the appointment will be as a championship club.

Far less than they would have to pay if they were a premier league club.

On the face of it a shrewd move enabling them to pay far less compensation for Martin’s services and that of his backroom staff which runs to another four people. Of course it has been pointed out that these discussions for Martin’s services started when they were a premier league club. So why is all this okay ? Quite simply, that’s now the dispute, at what point did Southampton become liable to pay compensation ? Upon the first contact ? When discussions started ? Or when they officially become a championship club as per the seasons fixtures release next week ?

It has prompted a lot of discussion, and let’s be honest it now seems the obvious is no more clearer than the length of the piece of string attached to all this. So, we asked a specialist this morning through a contact at the website, and although this is just opinion based on their experience and qualification, it does answer some questions regards this matter. However we are certain it doesn’t satisfy the many more that will follow.

We should be aware that both clubs today are still in discussions and regardless of the law regards this they can reach agreement. If they do all of the arbitration, lawyers and professional opinion will fall by the wayside. Also, legal opinion is just that ‘opinion’ One persons expert view is another experts perception of that view. They can almost certainly differ. Our first question was regards Russell Martin and what he can do to fast track his appointment as Southampton manager.

1. Can Russell Martin just join Southampton without any agreement between the two clubs ?

‘He can, in fact he can do whatever he likes, but then he forces a potential ‘breach of contract’ situation which surely neither clubs want’

2. Can Swansea stop this happening ?

‘Swansea can seek an injunction in this matter, a simple and fairly cheap way of restraining him from working as Southampton manager. This will mean he can’t move as freely as he wishes to a new job. In turn Southampton can reverse the injunction citing their belief the injunction is inappropriate. It seems Southampton’s legal advice is Russell Martin can become their manager on a certain date and the compensation they pay will reflect his circumstances on that date. However, this isn’t moving towards just a compensation issue, what we ‘could’ then be talking about is breach of contract and Southampton forcing that breach of contract to employ him’

3. What would happen then ?

A form of arbitration would have to take place which can lawfully decide -

a) The compensation Southampton have to pay.
b) What that covers.
c) When that is paid ( it has to be within forty five days of any decision )

4. Is this law ?

‘Yes, it falls within the Regulations on the Status and Transfer of Players (RSTP) which from 2021 includes managers and or coaches. This was endorsed by the FIFA Football Stakeholders Committee. Put simply this is - A coach is defined as “an individual employed in a football-specific occupation by a professional club or association” whose “employment duties consist of one or more of the following: training and coaching players, selecting players for matches and competitions, making tactical choices during matches and competitions; and/or employment requires the holding of a coaching licence in accordance with a domestic or continental licensing regulation”

5. What could happen now ?

‘Both clubs need to meet in a final attempt to thrash out their specific positions. They could do this with appointed sports lawyers who despite representing their clients interests can also introduce some form of clarity so both can agree. If that ends in stalemate, which is unlikely on the face of it then the English Football League have a duty to intervene officially to prevent a lengthy period of time where both clubs are in limbo. In fact if they haven’t already they will do so prior to the fixtures being announced next week. They have a duty to protect their brand and ensure disputes do not affect the overall standing of the league’

6. We go full circle then ?

‘In law Russell Martin can walk out on Swansea citing them breaching their own contractual obligations to him, but that’s moving in to new ground. The regulations are clear. ‘When a football coach unilaterally terminates the contract, the consequences will depend on whether the coach can establish that he or her had just cause for the termination. For the football coach to establish just cause, it must first be established that the club has breached its contractual obligations. If that is the case, the next consideration is whether the club’s breach of its contractual obligations is significant enough to establish just cause’

‘Sensibly Russell Martin would need to review his own currency in this. The key factor is if he does walk out on Swansea, and he can as stated above, is his own professional status as a football manager if this goes wrong. He will potentially be perceived as troublesome and his stock could reduce as a result. That’s just opinion, and conversely that could happen to any of the parties involved’

7. Could this scenario happen ?

‘It’s already moving towards it in lieu of both clubs reaching agreement. They have to broker something quite quickly, you would expect that to be the case’

The Indy view
With it all being said and despite the law and its numerous nuances surely this week both Swansea and Southampton should reach agreement ? It sounds a minefield of opinion if not. A sensible person on the Clapham omnibus would surely state. ‘Look at the two figures both clubs are discussing and go middle for diddle on the compensation ?’ The next issue is of course we have two sets of rich businessmen who rarely hear the word ‘No’ in their lives.

Surely it’s time to avoid this potential chain of events any further and just agree ?

Photograph Open Source

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