The headlines are full of reports that Argentinian forward Carlos Tevez refused to play for his club when called from the substitutes bench by Manchester City manager Roberto Mancini during the match against Bayern Munich in the Champions League this week. Mancini is reported to have said that he felt that Tevez could never play for City again after this incident. The striker, who earns more than £200,000 a week at Man City, has been suspended for two weeks and the debate over his footballing future continues.
Reports state that Tevez is claiming that he did not refuse his boss’ request to play and the whole episode results from a misunderstanding. However, if it is true that he failed to obey his employer’s order, what does the law say about how they are entitled to react?
Under the common law, which forms the basis of our country’s legal system, there are fundamental implied duties between both parties to an employment contract. One such duty for the employee is that he will obey all lawful and reasonable orders from his employer. Arguably, a professional footballer being asked to play football for the team that employs him constitutes such an order.
If it is the case that Tevez was asked to play and refused, it seems highly possible that he is guilty of breaching his contract. Such a breach could be legitimate grounds for dismissal.
As ever, it is crucial that Manchester City, as the employer in the situation, follow the correct disciplinary procedures to deal with the breach. An employee’s misconduct is a potentially fair reason for dismissal but the actions carried out by the employer while dealing with the same is crucial to the eventual outcome.
Existing Q and A Law Clients who subscribe to our fixed fee employment law service with free telephone advice line are encouraged to speak to Iain or Lisa with any questions they might have arising from any of the above. Non-clients are also welcome to take advantage of a fee-free initial consultation with the same regard. Please call 01707 444450 and ask for Iain Lock or Lisa May who would be happy to talk with you.
