For the last time.. SUSPENSION ISNT A PUNISHMENT.
Suspension obviously CAN be punishment, as
@Bartondale points out…
A player is automatically suspended for a red card offence. It's the punishment for a sporting, not a criminal, offence. However, it's still a punishment.
The reason it is not a punishment following an arrest is that the accused has not been proven to have done anything wrong. In fact, there is insufficient evidence for them to be charged (at that point). So any action taken against them cannot be a punishment, by definition.
However, that makes it even more important that the employee cannot be suspended indefinitely. That is the rationale behind the PFA bringing in rules that effectively bar clubs from suspending their members for more than two weeks in cases such as this.
Alex Clarke, a senior employment lawyer at Onside Law, explains that opting to take action against a player accused of serious sexual offences would not be straightforward under current UK legislation.
“Even in cases involving the most serious allegations and understandable calls for players to be suspended, the way the standard Premier League playing contract is worded makes this difficult for clubs,” says Clarke.
“The standard Premier League contract has been collectively agreed with the PFA (Professional Footballers’ Association, the players’ union) over time and, as a result, contains some fairly player-friendly clauses. In terms of suspension, clubs can only suspend a player for a maximum of two weeks on full pay. There is no automatic right to withhold pay for any period of suspension or to extend the suspension beyond two weeks.”
Extending the suspension beyond the initial fortnight would need to be mutually agreed with the player — rather unlikely if said player maintains his innocence.
Arteta’s response in the presser to the question “Do you feel the club followed all the right processes?”, was “100%, yeah.” That’s true. There are several awful decisions made by the club that are not covered due process (promoting Partey on our website/socials, praising him in interviews and especially offering him a new contract). These all show horrible judgement and are stain on the club’s reputation.
However, the decision not to suspend Partey doesn’t fall into that category. Arsenal had only three viable options:
1) Not suspend the player
2) Suspend the player for two weeks
3) Suspend the player indefinitely
Each have problems. Arsenal chose (1) and have been derided for it. (2) Wouldn’t have changed a great deal, as Partey would have been in the same legal situation at the end of the two weeks. And (3) would have opened Arsenal up to legal action as it is breach of contract as highlighted in the quote from The Athletic article above.
We can say that a player being suspended for several years isn’t punishment, but that is quite disingenuous. And if we’re saying that is what should have been done as it was the safest course of action, that’s fine - I’m inclined to agree. But we have to be clear what the tradeoffs are in doing so.