Dan Ashworth - Newcastle DoF currently tending to his garden

golden_blunder

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Everyone knows he’s leaving, I don’t know anyone who has a justifiable reason to object to his decision. You’re not looking to do a deal, you’re looking to avoid paying the going rate. He’s got 20 months to sit in his garden under the terms of his contract, he’ll get paid his notice period, which will not be anywhere near 20 months. He might get paid for 6 months and then have 14 months before he starts for you.

I don’t personally think that’s good for anyone but, the balls in your court for that one. We’ll have already started the process looking for a replacement and are likely to face a smaller scale situation based on the contract of the candidate we go for.
Or we could be amicable about this and swap you Murtough for Ashworth, then we can both crack on
 

DJ_21

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If we pay them the compensation does he then start with us straight away or will it be in the summer?
 

Prodigal7

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Anybody else pick up on the "that's not how UK law works" part of Ratcliffe's interview when it comes to a 20 month period? Sounds like a threat to me.
 

Fr. Todd Unctious

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Superb to see how much is this is getting under the skin of a lot of these Geordie cnuts. It's really grating them that it's remidning them that despite the Saudi money they're still not a big club :devil:
 

AltiUn

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If we pay them the compensation does he then start with us straight away or will it be in the summer?
Real answer is that we just don't know. I'd guess if we paid the £20m he'd start immediately, if we compromised for £10m then he might be in place for next January's window.
 

DJ_21

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Real answer is that we just don't know. I'd guess if we paid the £20m he'd start immediately, if we compromised for £10m then he might be in place for next January's window.
How does that work though? Surely no matter the compensation we pay we should get him straight away. What’s the point in them keeping someone that doesn’t want to be there while still having to pay his wages?
 

Wednesday at Stoke

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Anybody else pick up on the "that's not how UK law works" part of Ratcliffe's interview when it comes to a 20 month period? Sounds like a threat to me.
If they take it to court, they can use neckless Eddie’s press conference saying he wasn’t much involved as prime exhibit for why Ashworth doesn’t need a 20 month gardening leave.
 

Berbaclass

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They have turned on me now :lol:

Hello Berbaclass from the arrogant cnuts forum. He is currently doing an Exile and posting just about every post from here
Doubt he knows where the M6 is nevermind Manchester.
Froggy, what a gent.
You're posting on here about Redcafe calling the posters thick as shit and posting links from there. What's the difference?

Berbaclass, you're a good lad. Don't listen to this guy.
 

Hughes35

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Everyone knows he’s leaving, I don’t know anyone who has a justifiable reason to object to his decision. You’re not looking to do a deal, you’re looking to avoid paying the going rate. He’s got 20 months to sit in his garden under the terms of his contract, he’ll get paid his notice period, which will not be anywhere near 20 months. He might get paid for 6 months and then have 14 months before he starts for you.

I don’t personally think that’s good for anyone but, the balls in your court for that one. We’ll have already started the process looking for a replacement and are likely to face a smaller scale situation based on the contract of the candidate we go for.
Yea, that's not how it works.
 

Hughes35

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Nah, I can't believe there's a contract that says he can't work for anyone and that he's also not getting paid. Pick one or the other.
There isn't. It's two separate things. There is notice periods and gardening leave which I believe are capped at 6 months. Then there are non competes that say you can't go and work for a competitor....... These are not enforceable as they stop people earning a living. I've no idea why companies make people sign them as everybody knows they're not worth the paper they're written on.
 

Adz_99

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Everyone knows he’s leaving, I don’t know anyone who has a justifiable reason to object to his decision. You’re not looking to do a deal, you’re looking to avoid paying the going rate. He’s got 20 months to sit in his garden under the terms of his contract, he’ll get paid his notice period, which will not be anywhere near 20 months. He might get paid for 6 months and then have 14 months before he starts for you.

I don’t personally think that’s good for anyone but, the balls in your court for that one. We’ll have already started the process looking for a replacement and are likely to face a smaller scale situation based on the contract of the candidate we go for.
A company can't force you to sit at home unemployed. Your gardening period ends as soon as they stop paying you.
 

Lemoor

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Why all the hostility over a football administrator of all things, I get if a player leaves etc but a suit it's just weird
Because sports journalists have to eat and they apparently have nothing better to sensationalise.
 

SuperiorXI

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Why all the hostility over a football administrator of all things, I get if a player leaves etc but a suit it's just weird
They made a big song and dance over nicking him from Brighton when the Saudi's came in and now only a short time after are losing him to a proper club. He was supposed to be a major part of their "master" plan.
 

amolbhatia50k

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To think this could have all been avoided if you hadn't tried to extort 15m for a lingard loan. #shameful
We’ll get him either way. Newcastle just need their five minutes of feeling like the big boys.
 

diarm

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That Newcastle forum is hilarious. Going on about how rattled we are and how we don’t like them standing up to us.

As if it wasn’t us who fluttered our eyelashes and their marquee hire who immediately dropped his knickers.
 

Tiber

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I don't blame Newcastle for seeking a decent fee. I have always found it weird you can sign a world class manager for less than a backup fullback
 
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That Newcastle forum is hilarious. Going on about how rattled we are and how we don’t like them standing up to us.

As if it wasn’t us who fluttered our eyelashes and their marquee hire who immediately dropped his knickers.
Same on Twitter… they’re really REALLY bigging up their importance.

 

diarm

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I don't blame Newcastle for seeking a decent fee. I have always found it weird you can sign a world class manager for less than a backup fullback
They can seek what they like. That’s their prerogative.

It’s the bedwetting and toys throwing at the idea that we aren’t going to pay a stupid amount that makes them look silly.
 

Infra-red

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Anybody else pick up on the "that's not how UK law works" part of Ratcliffe's interview when it comes to a 20 month period of gardening leave? Sounds like a threat to me.
Garden leave is generally enforceable because the employee continues to be paid by the employer throughout this period. Post-termination restrictions (when the employee has left the business and is no longer being paid or receiving benefits) can be found to be unenforceable if the employer is not careful to ensure that the scope and duration of the restrictive covenants (eg non-compete, non-solicitation, non-poaching restrictions) are only what is reasonably necessary to protect their legitimate business interests. If the covenant period is too long or too broad geographically, then the post termination restrictions are effectively void by being in restraint of trade.

If the reports suggesting that Ashworth cannot join United until January 2026 are accurate, then I would assume that we're not just looking at notice but also some post-termination restrictions on top. Newcastle will probably be able to hold Ashworth to his notice period (which will be served on garden leave), but they might be on shakey ground from an employment law perspective if they have lengthy post-termination restrictions added on (eg a non-compete). In any event, I expect a compromise will be reached as it is in the interests of all parties to do so.
 

Paul778

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If we pay them the compensation does he then start with us straight away or will it be in the summer?
We are trying to make a deal mutually acceptable to both parties and so the duration and compensation is what is on the table being negotiated. I would assume the compensation would increase with a shorter duration so finding the tipping point that both are happy with is the key.

I very much doubt Newcastle would agree to any scenario that would allow him to start on Monday, unless there was a separate agreement somehow that guaranteed that United wouldn't approach any named players that are already being lined up by Newcastle.

It would be difficult since I was thinking that three months would be the outcome I would expect, but if you do the maths that it too late really for United.

He needs to be in place I would say at least a month before the end of the season to start changing footballing culture and have a very good idea before the window of which players he wants to sell and a shortlist of player positions to prioritise and an ordered set of targets for each. Ideally as well with some initial contact with the agent even if it's just saying "We'd like to chat in May - let me know if he'd be open to it".
 

Prodigal7

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Garden leave is generally enforceable because the employee continues to be paid by the employer throughout this period. Post-termination restrictions (when the employee has left the business and is no longer being paid or receiving benefits) can be found to be unenforceable if the employer is not careful to ensure that the scope and duration of the restrictive covenants (eg non-compete, non-solicitation, non-poaching restrictions) are only what is reasonably necessary to protect their legitimate business interests. If the covenant period is too long or too broad geographically, then the post termination restrictions are effectively void by being in restraint of trade.

If the reports suggestung that Ashworth cannot join United until January 2026 are accurate, then I would assume that we're not just looking at notice but also some post-termination restrictions on top. Newcastle will probably be able to hold Ashworth to his notice period (which will be served on garden leave), but they might be on shakey ground from an employment law perspective if they have lengthy post-termination restrictions added on (eg a non-compete). In any event, I expect a compromise will be reached as it is in the interests of all parties to do so.
Interesting. Do you work in the legal field by any chance?
 

Paul778

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Companies often put non-competes in but all of them know in the UK they are notoriously difficult to actually enforce and often get overturned at tribunal.

Once the company is no longer paying you (end of notice period) it's tough to argue that you can't work after that and can therefore no longer pay your mortgage. If you've been working in a specific industry with a very bespoke skillset for 20 years, all of the companies who might employ you at a similar salary are likely to be competitors.... and if you work in a different field you won't be able to command the salary required to pay your mortgage.
 

Prodigal7

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I do. I have some experience of these matters, but I'm not an employment lawyer (though I am married to one and do also have a number among my colleagues!)
Cool. I'm in the middle of a career change to law and start my LLM (SQE1 and SQE2) next month having just done An MA Law (Conversion). I think I'll take the employment law module as it seems to be practically very useful for future work!

The threat, based on what you said, seems to be based around the period after the initial 12 months of paid gardening leave then. In any case I expect we'll be willing to pay to get him in asap so this will likely come down to a fee and start time agreeable to both parties from a commercial sense as many have reasoned previously.
 

tenpoless

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X/twitter is one of the worst places you can go for individual opinion about football. All them bluetick wankers paying for the icon so they can tweet about idiotic stuffs and seem knowledgeable...
 

DJ_21

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We are trying to make a deal mutually acceptable to both parties and so the duration and compensation is what is on the table being negotiated. I would assume the compensation would increase with a shorter duration so finding the tipping point that both are happy with is the key.

I very much doubt Newcastle would agree to any scenario that would allow him to start on Monday, unless there was a separate agreement somehow that guaranteed that United wouldn't approach any named players that are already being lined up by Newcastle.

It would be difficult since I was thinking that three months would be the outcome I would expect, but if you do the maths that it too late really for United.

He needs to be in place I would say at least a month before the end of the season to start changing footballing culture and have a very good idea before the window of which players he wants to sell and a shortlist of player positions to prioritise and an ordered set of targets for each. Ideally as well with some initial contact with the agent even if it's just saying "We'd like to chat in May - let me know if he'd be open to it".
Ye that’s what I don’t understand. We’d need him like you said at least a month before the summer window. He’ll have to settle in and pick out targets and players he wants to sell. How come it’s different to when you pay a club compensation for a manager? There aloud to leave straight away and join the new club.
 

RedRocket9908

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That Newcastle forum is hilarious. Going on about how rattled we are and how we don’t like them standing up to us.
I dont think any Man Utd fan is rattled by them or even really cares that much about them, its the Newcastle fans that are trying to create some fake rivalry between the 2 clubs while most of us just laugh about it.
 

Laurencio

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Without knowing the details of Ashworth's non-compete clause, I would be very surprised if it was enforcable beyond the summer window. Newcastle would have to prove that a director they "sacked" in February was involved and integral to their competitive strategy beyond the next transfer window - which I reckon is impossible if you hire a new DOF. I don't think anyone could argue it is reasonable to enforce it beyond the summer window.
 

SirAF

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I dont think any Man Utd fan is rattled by them or even really cares that much about them, its the Newcastle fans that are trying to create some fake rivalry between the 2 clubs while most of us just laugh about it.
Just a wee club up north.
 

Loon

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I think they kinda thought they’d won the Man City lottery and would obvs be top dogs by now or in a matter of time and it kinda hasn’t panned out that way.

Bound to be a disappointment.
 

tomaldinho1

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Ye that’s what I don’t understand. We’d need him like you said at least a month before the summer window. He’ll have to settle in and pick out targets and players he wants to sell. How come it’s different to when you pay a club compensation for a manager? There aloud to leave straight away and join the new club.
I don't think this is actually what he does FYI, he's oversees and builds the departments - I don't know how hands on he is with identifying players. At Brighton that was Paul Winstanely (now at Chelsea) and at Newcastle it's Nickson. It also depends how advanced our data project is given that is where Brighton's strength lay, in Star lizard. Basically, Ashworth isn't coming in and saying x, y and z are our targets for players, he is doing that for staff.