Rafael Benitez has case for constructive dismissal

Sunday, 20 January 2008

The controversial admission of Liverpool FC co-owner Tom Hicks that he tried to line up Jurgen Klinsmann as manager will only give Rafael Benitez an ‘open-and-shut’ case for constructive dismissal if he acts immediately, employment law experts mhl support have said. Mhl Support, owned by the Bibby Line Group, works closely with other Premiership clubs to ensure they comply with employment laws, and said the repercussions of Hicks’ admission could have an immense financial implication on the club if Benitez chooses to resign and seek a claim for constructive dismissal. Marc Schroder CEO of mhl support, said: “A number of sports lawyers have spoken out about the fact that Benitez would be entitled to resign and seek a successful claim for constructive dismissal after Hicks’ comments undermined his position . “However, he is very much fighting to stay at Anfield as manager and it seems he has no plans to drag the case through the courts at present. As such, he won’t be in a position to pursue such a claim – he is continuing in the post and that would weaken the case and prejudice its outcome.” Nevertheless, he said Hicks’ error of judgment was something bosses – of football teams or otherwise – should carry in the forefront of their minds. “Hicks made a huge mistake in voicing his desires,” he added. “Advertising someone’s position – which is effectively what Hicks did - while they are still in it is an open-and-shut case for constructive dismissal.” Mhl support already advises other Premiership football clubs, and Mr Schroder added: “This is the kind of thing we get involved in – the protocol that stipulates this kind of behaviour is unacceptable practice and protects the club from financial loss. “I’m sure it is commonplace within the football world, but this slip of the tongue has drawn enormous attention to Hicks’ opinion and undermined Benitez’ position. “Hicks’ claim that his offer to Klinsmann was an insurance policy in case Benitez left is not likely to stand up in court if the manager does resign and pursue such a claim,” he added.