Green faces new challenge over transfers

Published on 14/07/2012 01:46

NEWCO Rangers chief executive Charles Green faces a fresh blow in his battle to hold on to the the club’s wantaway players as his purchase of their contracts is not valid, according to an employment law expert.

International clearance for the transfers of Steve Davis, Kyle Lafferty, Jamie Ness, Steven Whittaker and Steven Naismith has been put on hold as Green dispute their status.

But Adrian Hoggarth, head of employment law said: “It is not legally possible for Rangers and Charles Green to buy and sell players as part of a business transfer. Whether or not the players transferred in this case appears to depend on two things.

“Firstly, were they assigned to the business of the football club when it transferred? Secondly, were the players aware of the transfer at the time it took place? Case law suggests that if you know about a transfer before it happens and don’t object to it, you lose the right to object once the business transfers. If not, you don’t.

“To suggest otherwise would take away the right of an employee to object to being transferred, which is a right enshrined in law.”