Kevin Eason, Sports News Correspondent
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Kevin Keegan will soon discover that the only winners in the saga of his
departure from Newcastle United will be the lawyers. Keegan’s legal team was
poring over the details of his contract with the club last night to make
sure that it has a cast-iron case that could support a claim for
constructive dismissal when it comes to negotiating a financial settlement.
The signs are that Keegan will be able to mount a strong defence against a
counterclaim for £2 million compensation from Newcastle for breach of
contract and pursue an action for damages, according to top sporting lawyers.
Matthew Clark, head of sport at Hextalls, the London law firm, said: “Kevin
Keegan has a very strong case. He seemed to be in a position that was
untenable and in which there was no mutual trust in the relationship between
the employee and the employer. That could amount to a case of constructive
dismissal.”
The posturing of the past few days, with Newcastle issuing statements
insisting that they had not sacked their manager and Keegan taking his time
before resigning, appears to have been merely a breathing space for both
sides to decide the strength of their legal positions when they discovered
that there was no chance of successful negotiation.
Keegan is believed to have a clause in his contract giving both sides the
right to claim up to £2 million in compensation if either decides to
terminate the contract early. This is the second time that he has stalked
out of St James’ Park and Mike Ashley, the club’s controversial billionaire
owner, wanted an insurance policy if his manager left in the middle of the
3½year deal.
While Keegan’s decision to resign is being viewed as a case of breach of
contract, he is just as likely to argue that the job he ended up with –
working under Dennis Wise as executive director (football) - is not the same
one he was employed to do.
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Even a country hick lawyer would be able to make a watertight case of constructive dismissal of Keegan by the hubristic Newcastle board.
R G James, Brasschaat, Belgium