A forum for all things Cardiff City
Wed Apr 28, 2010 5:20 pm
To get rid of an employee am i right in thinking you can make their role redundant as long as you don't replace the role directly within 2 years.
Ridsdale is paid a salary as a Chief Executive of CCFC. Surely the club could make the cheif exec role redundant and put in a new lesser position of managing director. That would mean the club would pay ridsdale a weeks pay for every years service and we get rid of the parasite for a months pay.
Wed Apr 28, 2010 8:43 pm
Gareth (Wilts) wrote:To get rid of an employee am i right in thinking you can make their role redundant as long as you don't replace the role directly within 2 years.
Ridsdale is paid a salary as a Chief Executive of CCFC. Surely the club could make the cheif exec role redundant and put in a new lesser position of managing director. That would mean the club would pay ridsdale a weeks pay for every years service and we get rid of the parasite for a months pay.
I'm no lawyer, but I woould have thought a decent barrister would drive a coach and horses through that.
The job title doesn't matter. He would still be performing the same duties. And I can'r see how you make the role of the lead executive or manager redundant. The job has to be done.
Wed Apr 28, 2010 8:46 pm
Elwood Blues wrote:Gareth (Wilts) wrote:To get rid of an employee am i right in thinking you can make their role redundant as long as you don't replace the role directly within 2 years.
Ridsdale is paid a salary as a Chief Executive of CCFC. Surely the club could make the cheif exec role redundant and put in a new lesser position of managing director. That would mean the club would pay ridsdale a weeks pay for every years service and we get rid of the parasite for a months pay.
I'm no lawyer, but I woould have thought a decent barrister would drive a coach and horses through that.
The job title doesn't matter. He would still be performing the same duties. And I can'r see how you make the role of the lead executive or manager redundant. The job has to be done.
The jacks did it when they got rid of colin addison and peter nicholas (Manager/coach). They got flynn and reeves in as director of football/assistant manager. Saved them a fortune.
Wed Apr 28, 2010 8:56 pm
In my view the club has a few grounds of serious misconduct against him already, the latest being the disclosure of the team to the local media in disclosing harmful confidential information, and of course the deliberate lies regarding the golden ticket scam.
My concern is why haven't they acted because they have had months to seek legal advice.
There just doesn't seem the will to do anything WHY?
Wed Apr 28, 2010 9:00 pm
ridofrid wrote:In my view the club has a few grounds of serious misconduct against him already, the latest being the disclosure of the team to the local media in disclosing harmful confidential information, and of course the deliberate lies regarding the golden ticket scam.
My concern is why haven't they acted because they have had months to seek legal advice.
There just doesn't seem the will to do anything WHY?
Add in the jfh contract fcuk up
Wed Apr 28, 2010 9:09 pm
Yes mate forgot that one. There are so many so again I ask why dont they sack him , they have the grounds surely !!!
Wed Apr 28, 2010 9:11 pm
ridofrid wrote:Yes mate forgot that one. There are so many so again I ask why dont they sack him , they have the grounds surely !!!
They need a robust case i guess.....
Thu Apr 29, 2010 6:32 am
ridofrid wrote:In my view the club has a few grounds of serious misconduct against him already, the latest being the disclosure of the team to the local media in disclosing harmful confidential information, and of course the deliberate lies regarding the golden ticket scam.
My concern is why haven't they acted because they have had months to seek legal advice.
There just doesn't seem the will to do anything WHY?
His biggest missdemeanour in my view was failing to inform The Malaysians (TG) of the tax issue (on his trips to Malaysia) while negotiating millions of pounds worth of investment into the club and at the same time filling his pockets with hundreds of thousands of pounds worth of bonuses which in my view should never have been granted to him, while local companies who worked in good faith for Cardiff City Football club at the CCS failed to receive payment for said work putting local peoples livelihoods at risk just to fill his greedy pockets. Ask yourself why the Malaysians do not want to work with this man - this is the biggest reason among many others of course. The top and bottom of it is that the man is a pathological liar and how could any bussinesman worth his salt trust this man - hence TG is working with Borley and sidelining the greasy slimy yorkshire b*stard. His time will come you can have no doubt about that, they don't call TG the Silent Assasin for nothing
Thu Apr 29, 2010 11:46 am
I have thought long and hard about Gareth's question.
Sacking people without compensation is not an easy thing to do and if the club pursued this avenue it would need to have a very good reason for doing so.
Ridsdale has committed a number of misdemeanours but in all likelihood individually they would not be sufficient to warrant his removal on the grounds of gross misconduct.
However, collectively I believe a case for breaching his legal responsibility as a Director and Chairman could be made.
The responsibilities include:
• Keep good accounting records from which accounts can be prepared which give a true and fair representation of the financial position of the company
• Produce accurate accounts, filed at the due time with Companies House
• Submit corporation tax returns to HMRC and pay any tax due
• Deal properly with the payment of staff, deducting tax and national insurance as appropriate and paying it to HMRC by the due date
• Trade solvently, ensuring that you are able to pay the liabilities of the business. To fail to do this is to commit an offence.
Also a Director/Chairman has an absolute responsibility to act in the interests of the company shareholders. This means that the Director/Chairman cannot enrich themselves in a way that damages the company.
On nearly every point above an argument could be made that Ridsdale has failed in his legal responsibility to the shareholders of CCFC (Holdings) by trading insolvently, failing to pay tax and produce accounts on time.
But the most serious breach has to be the charge that he acted in his own interests ahead of those of the shareholders.
This is most notable with his greatest self proclaimed ‘achievement’ (the completion of CCS). We now know the club didn’t have the means to finish the project but he continued the building by employing local tradesman without any means or intention of paying them for their work. The end result was the club facing a winding up orders from several creditors whilst he walked away with a £100,000 ‘completion’ bonus.
That is a clear case of a Director/Chairman acting in a way which enriches themselves and damages the company whilst other directors; Steve Borley and Alan Flitcroft waved their bonuses.
Secondly we now know that Ridsdale has a £700,000 Premier League promotion bonus in his contract. A good lawyer would easily be able to make a link between that potential bonus and the Chairman’s conduct in the way he sold the golden ticket scheme.
Further we also know that he is due £700,000 termination payment when a takeover is complete. Questions have to be asked if that was his motivation for not telling TG about the HMRC winding up order?
I would imagine I have just scratched the surface and if the club has dug deep enough it should easily have enough to remove him.
Thu Apr 29, 2010 11:56 am
Tony Blue Williams wrote:I have thought long and hard about Gareth's question.
Sacking people without compensation is not an easy thing to do and if the club pursued this avenue it would need to have a very good reason for doing so.
Ridsdale has committed a number of misdemeanours but in all likelihood individually they would not be sufficient to warrant his removal on the grounds of gross misconduct.
However, collectively I believe a case for breaching his legal responsibility as a Director and Chairman could be made.
The responsibilities include:
• Keep good accounting records from which accounts can be prepared which give a true and fair representation of the financial position of the company
• Produce accurate accounts, filed at the due time with Companies House
• Submit corporation tax returns to HMRC and pay any tax due
• Deal properly with the payment of staff, deducting tax and national insurance as appropriate and paying it to HMRC by the due date
• Trade solvently, ensuring that you are able to pay the liabilities of the business. To fail to do this is to commit an offence.
Also a Director/Chairman has an absolute responsibility to act in the interests of the company shareholders. This means that the Director/Chairman cannot enrich themselves in a way that damages the company.
On nearly every point above an argument could be made that Ridsdale has failed in his legal responsibility to the shareholders of CCFC (Holdings) by trading insolvently, failing to pay tax and produce accounts on time.
But the most serious breach has to be the charge that he acted in his own interests ahead of those of the shareholders.
This is most notable with his greatest self proclaimed ‘achievement’ (the completion of CCS). We now know the club didn’t have the means to finish the project but he continued the building by employing local tradesman without any means or intention of paying them for their work. The end result was the club facing a winding up orders from several creditors whilst he walked away with a £100,000 ‘completion’ bonus.
That is a clear case of a Director/Chairman acting in a way which enriches themselves and damages the company whilst other directors; Steve Borley and Alan Flitcroft waved their bonuses.
Secondly we now know that Ridsdale has a £700,000 Premier League promotion bonus in his contract. A good lawyer would easily be able to make a link between that potential bonus and the Chairman’s conduct in the way he sold the golden ticket scheme.
Further we also know that he is due £700,000 termination payment when a takeover is complete. Questions have to be asked if that was his motivation for not telling TG about the HMRC winding up order?
I would imagine I have just scratched the surface and if the club has dug deep enough it should easily have enough to remove him.
Tony
There are lots of changes to directors` responsibilities brought about by changes to the Companies Act brought into force from October last year. It makes directors have a specific set of duties and level of responsibility which are now legal requirements rather than previous "guidance" which was difficult to take legal action for in court.
Like you , I believe that there are many examples of recent activities at the club which appear , on the face of it ,to be in possible breach of those rules.Perhaps those examples are currently being used as "bargaining chips"as part of the negotiations the new potential owners are involved in?
Keith.
Thu Apr 29, 2010 12:03 pm
since62 wrote:
Tony
There are lots of changes to directors` responsibilities brought about by changes to the Companies Act brought into force from October last year. It makes directors have a specific set of duties and level of responsibility which are now legal requirements rather than previous "guidance" which was difficult to take legal action for in court.
Like you , I believe that there are many examples of recent activities at the club which appear , on the face of it ,to be in possible breach of those rules.Perhaps those examples are currently being used as "bargaining chips"as part of the negotiations the new potential owners are involved in?
Keith.
Yes I agree with you that could well be what's happening and it would be a dam good news if it was.
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