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PFA Scotland to open legal proceedings against Inverness Caley Thistle – but do not expect action to affect administrators BDO’s attempt to find a buyer





The Professional Footballers’ Association Scotland say they will be opening legal action against the club on behalf of the players made redundant yesterday – but that is not expected to affect the club’s bid to escape administration.

Following on from the departure of manager Duncan Ferguson, assistant Gary Bollan and goalkeeping coach Stuart Garden, it was confirmed yesterday afternoon that Wallace Duffy, Adam Brooks, Flynn Duffy, Cameron Ferguson and Jack Newman had all left the club.

Fraser Wishart, chief executive officer of the PFA, was at the Caledonian Stadium to help support the playing squad through the process.

He says that next step include opening legal proceedings against Caley Thistle, but that should not impact administrator BDO’s bid to return the club to a sound financial footing and find a buyer.

“We’ve got experience of dealing with these matters,” Wishart said.

Chief Executive of PFA Scotland Fraser Wishart. Picture: Callum Mackay
Chief Executive of PFA Scotland Fraser Wishart. Picture: Callum Mackay

“We view players who have been made redundant as a football debt that has to be picked up in the future, so we’ve got lawyers to deal with that side of it.

“Unfortunately people have lost their jobs, and that’s where our jobs kick in again. We will be looking to lodge unfair dismissal claims against the club via the football regulations, because their contracts are different.

“That starts the process, but that won’t impede (BDO administrator) James Stephen from doing his job and hopefully they can find a new owner very soon.

“Football players have got this multi-tiered regulation. There are transfer windows and registration – they can’t just leave their job, but neither can a football club come in and unilaterally terminate their contract.

“We view this as a unilateral termination of contract. We have worked before with football clubs and administrators that come in at the end and compensate players who have lost their jobs, but that’s way down the line.

“This is really just the start of the process for us. Our first priorities are helping players get jobs, getting their registration cleared and getting them back to earning money.

“The players who are here have lost their manager, coaching staff and their friends as well. Hopefully nobody else loses their job behind the scenes, but these things affect the people who stay as well.

“It’s quite a traumatic event for a small community, close-knit football club like this.”

With two months until the next transfer window opens, questions have been asked about what the future holds for those players who now find themselves without a club to play for.

Wishart says that in the past, special dispensation has been granted to allow players to sign for, and be registered with, new clubs following exits due to administration.

Malcolm Cohen, Shane Crooks and James Stephen are the BDO employees handling Caley Thistle's administration.
Malcolm Cohen, Shane Crooks and James Stephen are the BDO employees handling Caley Thistle's administration.

“I’ve already spoken to the Scottish FA, and they are looking at their rules,” he explained.

“On previous occasions, there has been special dispensation by FIFA to allow those players to play when they get a club. It’s a fairly straightforward process, it might just take a bit of time.

“You can’t have rules that stop someone earning a living in these special circumstances, so there won’t be a problem with that.

“The players and their agents have to get on with finding themselves new employment.

“There are also complications – you are only allowed to play for two clubs in one season under FIFA regulations, but again there will be special dispensation for that.

“Although these rules are in place, you can’t have rules that stop someone from earning a living in circumstances like this, so we are working with the governing bodies, the administrator and the board as well.”

The PFA will also work to support all of the players affected, both those who have been made redundant and the players left behind at ICT who have seen friends affected by the process, through training, education and counselling.

In some ways, the trade union’s job was made easier by being able to anticipate the current situation with Caley Thistle’s financial struggles well-documented not just over recent months, but recent years.

However, now that the full brunt of the task at hand has been laid bare, Wishart believes it will be easier for the players to plot a way forward.

“If you don’t manage things properly, football can get out of control,” he added.

“Caley Thistle were in a cup final, in the play-offs, they won a cup nine years ago, but if you don’t control things they can spiral.

“When you hear the figures of the actual debt, you think ‘how did it come to that’? That’s a question the administrator is going to have to look at.

“I was in contact with some of the players over the summer, and even last season, asking how things were.

“The players always said to me that the club were confident they could find a buyer, but over the last month or so that has changed and I think everyone realised it wasn’t going to work.

“We are where we are, and the guys who remain here I’m sure will be relieved to keep their jobs.

“Clarity is a good thing. The lack of certainty was affecting the whole squad I think, so now there is certainty. For some people it’s bad, but at least they know.

“The most important thing for the players now is to get results on the field of play, and if they do that it will rally the whole community and the support around them.”


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