Rather than write about Christmas, which I am trying to pretend isn’t happening until January as I am not yet ready for it, I thought I would take a bold step and write about football: something, many will testify, I know nothing about – despite my Dad’s best efforts to wean me on to it from an early age.

So, [adopts casual lean against the water cooler pose], have you heard the news about Cardiff City’s manager Malky Mackay?

The owner of the Club, Vincent Tan, has given him an ultimatum: resign or be forced out.

This reportedly follows a break down in the relations between the two, which is so severe that they no longer speak to one another and have to communicate through the Club’s chairman. The ultimatum itself is supposed to have been set out in an email, which included a list of grievances about Mackay’s performance (including results, playing style and some of the signings made to the Club in the summer).

By making this ultimatum Vincent Tan has rather shot himself in the foot when it comes to dismissal.

In order for a dismissal to be fair, it must be for one of a limited number of potentially fair reasons. These include:

• a lack of capability – it may be difficult for Vincent Tan to argue that Mackay’s performance is so poor that he is not capable of carrying out his role when, I am advised, he has been instrumental in getting the club in to the Premier League for the first time in 51 years and to last year’s Carling Cup final;

• poor conduct – if Mackay exceeded an authorised spending limit on signings this may warrant a dismissal on the grounds of gross misconduct (depending on the rules and procedures he is subject to) although this should have been picked up at the time of the overspend not several months later;

• some other substantial reason – a suitably vague head, which includes an irretrievable breakdown in working relationships in certain circumstances, which Vincent Tan may be able to call on as justification for dismissal.

Of course, having a fair reason is not enough in isolation. An employer must also act reasonably when coming to the decision that the fair reason is sufficient to dismiss – this should usually involve inviting the employee to a meeting to discuss the proposed reasons for dismissal and affording them an opportunity to respond before any decision is made. By making an ultimatum in writing at an early stage, Vincent Tan runs the risk that any procedure he follows now will appear to be a sham.

In addition to the potential claim for unfair dismissal, there is speculation within the press that the terms of Mackay’s contract of employment are such that the Club may have to pay out around £3,500,000 in compensation in the event that Mackay’s employment is terminated.

This could be an expensive move!

I hope you have a lovely Christmas.

Best wishes
Kate
Posted Friday 20th of December 2013