Away Match Build Up 4/12/2021 L1: Sunderland v OUFC

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We'll be the biggest club in Europe in 5 years time with Sam Long captaining England to World Cup glory. We'll have plenty in the pot to cover a poxy lawsuit or 2!

Gwarn Scotch. Where do i board the bus?
 
If it’s not a part of the players contract to be vaccinated, and it’s not a general legal requirement, then you can’t force them to be. Refusing to select them or fining them could be argued to be constructive dismissal.
If the player isn’t played on that basis but continued to be paid in accordance with their contract, it would certainly not be grounds for a constructive dismissal case to be proven.

Termination isn’t constructive dismissal either. It’s just a straight termination. Whether or not the club is in breach would be the question. My guess is that they would use a claim of gross misconduct to justify their action.

I’d be amazed if they didn’t end up on the wrong end of an expensive settlement of the contract and an additional claim against future earnings, which the player could claim would be affected by the club’s actions.
 
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In front of Johnson with the scorer raising his shirt to show a T shirt sporting the words “ your getting sacked in the morning “
I hope not, Bazzer...I'd like to think that our players know the rules of English grammar. (Not those who are anti-vaccination, of course! Sorry, Malc)
 
I don't think it can be classed as black and white as you portray it.

Due to the nature of the pandemic, there has been no possibility to rigorously test the long term effects of having the vaccines. Nobody, can state what (if any) side effects there may be in 3/5/10 years time. With that in mind, who is anyone to state that somebody MUST have the vaccine in order to partake in their profession?

For arguments sake and strictly hypothetically speaking; if OUFC imposed compulsory vaccines on all players. What happens in 5 years time when one of those vaccinated players drops dead and it's proven to be as as a result of the vaccine* that was forced upon them?

All I'd ask is who's negligent? Who would the law suit come after?

*I appreciate that this is highly unlikely but using the example as nobody worldwide has seen what the side effects are of a 5 year vaccine, yet.
Goodness...
 
I hope not, Bazzer...I'd like to think that our players know the rules of English grammar. (Not those who are anti-vaccination, of course! Sorry, Malc)
Grammar? Are you asking because no “e” on your. If so the “e” wouldn’t fit….. well that’s my excuse 😊
 
Er, Sunderland v OUFC, not vaxxers v anti-vaxxers. Thankyou.
I won’t make any more vaccine comment on this thread, sorry for derailing it, but just for the record I’m in no way ‘anti vaccine’ and I find it strange that nowadays if you say “I’d like everyone to get the vaccine, but I also believe it should be personal choice whether you get it, or any medical treatment, and let’s not castigate or demonise those who choose not to” you’re suddenly labelled as a rabid anti-vaxxer!
 
If the player isn’t played on that basis but continued to be paid in accordance with their contract, it would certainly not be grounds for a constructive dismissal case to be proven.

Termination isn’t constructive dismissal either. It’s just a straight termination. Whether or not the club is in breach would be the question. My guess is that they would use a claim of gross misconduct to justify their action.

I’d be amazed if they didn’t end up on the wrong end of an expensive settlement of the contract and an additional claim against future earnings, which the player could claim would be affected by the club’s actions.
This is based on the assumption that the player is employed under an employment contract, which I imagine is not the case. (?)

If the player is paid but refused the ability to play, then they have skills which degrade by their very nature and as such the refusal could be considered a repudiatory breach of their implied terms hence legitimising a termination amounting to constructive UD.

If the club relied on gross misconduct they would have to rely on their GM policy to prove that the conduct amounted to GM and it would be hard to link vaccine hesitancy with any of the typical acts of GM normally cited in the policy (serious fraud, violence, theft etc.).

You're right that the club would probably be required to settle a claim or face becoming a "test case" for unfair dismissal re vaccine hesitancy in a non health-care setting.
 
I won’t make any more vaccine comment on this thread, sorry for derailing it, but just for the record I’m in no way ‘anti vaccine’ and I find it strange that nowadays if you say “I’d like everyone to get the vaccine, but I also believe it should be personal choice whether you get it, or any medical treatment, and let’s not castigate or demonise those who choose not to” you’re suddenly labelled as a rabid anti-vaxxer!
You just made another vaccine comment
 
Another fan had a heart attack in the crowd at the Watford v Chelsea game tonight, obviously it can't be determined if it's covid/booster related but it seems to becoming a lot more frequent, no wonder footballers are being a bit cautious before jumping in to keep getting jabbed especially when 80% of the adult population being fully vaccinated hasn't done alot to stop the spread. Don't forget alot of people under 50 got vaccinated to stop the spread to protect others but clearly this vaccine doesn't really help this so I can't see what getting boosters is going to help with
the situation.
 
Another fan had a heart attack in the crowd at the Watford v Chelsea game tonight, obviously it can't be determined if it's covid/booster related but it seems to becoming a lot more frequent, no wonder footballers are being a bit cautious before jumping in to keep getting jabbed especially when 80% of the adult population being fully vaccinated hasn't done alot to stop the spread. Don't forget alot of people under 50 got vaccinated to stop the spread to protect others but clearly this vaccine doesn't really help this so I can't see what getting boosters is going to help with
the situation.
Why would it be covid/booster related?
 
This is based on the assumption that the player is employed under an employment contract, which I imagine is not the case. (?)

Interesting point. Not sure. It would certainly be fixed in term, but whether they are or are not an employee, I don’t know.

If the player is paid but refused the ability to play, then they have skills which degrade by their very nature and as such the refusal could be considered a repudiatory breach of their implied terms hence legitimising a termination amounting to constructive UD.

I suppose the player could argue that his ‘worth’ is linked appearances/goals/clean sheets/team’s success and his omission devalues his ability to maximise his future earnings accordingly.

If the club relied on gross misconduct they would have to rely on their GM policy to prove that the conduct amounted to GM and it would be hard to link vaccine hesitancy with any of the typical acts of GM normally cited in the policy (serious fraud, violence, theft etc.)

It’s certainly a stretch, but I can’t see another vehicle by which they could justify it.

You're right that the club would probably be required to settle a claim or face becoming a "test case" for unfair dismissal re vaccine hesitancy in a non health-care setting.
 
Another fan had a heart attack in the crowd at the Watford v Chelsea game tonight, obviously it can't be determined if it's covid/booster related but it seems to becoming a lot more frequent, no wonder footballers are being a bit cautious before jumping in to keep getting jabbed especially when 80% of the adult population being fully vaccinated hasn't done alot to stop the spread. Don't forget alot of people under 50 got vaccinated to stop the spread to protect others but clearly this vaccine doesn't really help this so I can't see what getting boosters is going to help with
the situation.
Also you completely fail to understand what a vaccination does. The vaccine enables the body to successfully fight the infection. It was never designed to stop people catching covid but it does stop the same people from becoming seriously ill, needing hospitalisation or dying. And on that basis the vaccine is a huge success.
 
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Has anyone heard any concrete indications as to which of the covid seven (+ isolators) are available for this game, and which are still recovering/suffering???
 
Has anyone heard any concrete indications as to which of the covid seven (+ isolators) are available for this game, and which are still recovering/suffering???
I'd only heard that players were returning on a staggered basis and were undergoing tests. A couple were pretty poorly, and I believe that Mark Sykes was one, but don't know if there are ongoing health/fitness concerns.
 
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