The player’s agent claims Manchester City are breaching employment law by not playing him. Man City boss Pep Guardiola could find himself in court over his treatment of Yaya Toure, according to a report in the Daily Mirror.
Toure’s agent Dimitri Seluk says that by sidelining Toure over comments that Seluk made, Guardiola is breaching employment law. Enrique Garcia is a consultant at ELAS specialising in employment law. He says this is a tricky situation: “If Yaya Toure feels he is being targeted, bullied or sidelined then he may well have a claim for constructive dismissal, as would any other employee. However, it is important to note that footballers have no guarantee of playing time so Manchester City can argue that they are not breaching his contract by not playing him. The club has also kept the door open by saying if Seluk apologies then Toure can play.”
He continues: “This would certainly be an interesting case and one that would turn on the evidence the judge hears and how they interpret that evidence. In any event, compensation for losses at employment tribunal is capped to £78,962.00 – less than a week’s wage for Toure so there would be little practical benefit in enforcing his employment law rights from a constructive dismissal point of view.”
Whether you run a premier league football club or a corner shop, the law is the same. Employers should always seek advice when they are unhappy with an employee’s actions. Garcia says the fact it was Seluk the agent, not Toure the employee who made the comments is irrelevant – should the case go to court the judge would consider whether Toure felt targeted, bullied or side-lined.
