EFL salary cap unlawful according to PFA

Please read the articles linked.
It is the lack of consultation that could render it illegal.
I quote:

Ahead of the EFL vote tomorrow, the PFA has sent a report to all club Chief Executives and the EFL regarding the proposed salary caps for League One and Two.

The report has raised concerns that the proposed cap is being rushed through, without proper consideration or consultation.

Like everyone involved in football, we want to see sustainable clubs at all levels. We absolutely understand and appreciate the huge economic pressure that clubs have come under due to the COVID-19 crisis.

However, we have significant reservations about the measures being proposed and the speed at which these are being implemented.

The introduction of a salary cap in English football represents a seismic change. It is a change that will have far-reaching and significant impacts right across the professional game. We must take the time to ensure that these are properly considered and understood.

We have been surprised and disappointed at the level of consultation and engagement around these proposals so far.

It is, undoubtedly, in the best interests of the clubs, the leagues and the players that we work together on this important issue.

Today, we have invited the EFL to a period of expedited arbitration in August, before the next season starts and the transfer window closes, in order to reach a shared agreement on the way forward.

The EFL has a legal obligation to consult with the PFA and the Professional Football Negotiating and Consultative Committee (PFNCC), over any potential changes to a player’s conditions.

This consultation has not happened, and as such, we are gravely concerned that any cap brought in will be unlawful and unenforceable, which will ultimately be detrimental to everyone involved.
 
They are talking a transition period so contracts run out and overlap the proposed new limit.
Cannot see how or why there is any thought it is illegal, players get short ring fenced contracts currently they are the primary commitments clubs have to pay. it is why some players have sat contracts out rather than take any settlement to leave.

Think of our players whose contract ended this season, options were club offers a new deal or not. player accepts / rejects any offer. I think system is if new contract offer is less than current contract they are free to negotiate in the January for next contact after June with any club.

so under new system, new contracts get offered in new harsher financial era and either accepted or rejected, think there will be a lot of players leaving the full time professional ranks over the next year, many will take deals offered rather than risk being clubless.
 
"any potential changes to a player’s conditions" - I would think it's the indefinite article that might make it legal. As long as no existing contracts are abrogated they may be OK there. There are stronger arguments concerning anti-competitive practices, however. The EFL is, arguably, acting like an employers' cartel to restrain labour market competition.
 
As said most players in the lower leagues are not employees because they don't have contracts (as yet), even during a season lower league teams rely on some players without contracts playing for them e.g. loans, play per game, apprentices, trialists etc. Last season Bury never started, Bolton, Stevenage and Macclesfield all had extremely serious financial problems that knocked them close to the edge. That is the most I ever remember in a season. That was before CoVid19. I generally support the workers etc, but I see football is financially very ill outside the Premiership. Surely a special rule for 2020/21 is the way forward and the season starts in 5 weeks!
 
Sunderland could be sustainable on a lot higher wage bill than £2.5m.
A cap may well be a good idea, but this seems unfair on big clubs who drop down. It unnaturally penalises them.
 
Please read the articles linked.
It is the lack of consultation that could render it illegal.
I quote:

Ahead of the EFL vote tomorrow, the PFA has sent a report to all club Chief Executives and the EFL regarding the proposed salary caps for League One and Two.

The report has raised concerns that the proposed cap is being rushed through, without proper consideration or consultation.

Like everyone involved in football, we want to see sustainable clubs at all levels. We absolutely understand and appreciate the huge economic pressure that clubs have come under due to the COVID-19 crisis.

However, we have significant reservations about the measures being proposed and the speed at which these are being implemented.

The introduction of a salary cap in English football represents a seismic change. It is a change that will have far-reaching and significant impacts right across the professional game. We must take the time to ensure that these are properly considered and understood.

We have been surprised and disappointed at the level of consultation and engagement around these proposals so far.

It is, undoubtedly, in the best interests of the clubs, the leagues and the players that we work together on this important issue.

Today, we have invited the EFL to a period of expedited arbitration in August, before the next season starts and the transfer window closes, in order to reach a shared agreement on the way forward.

The EFL has a legal obligation to consult with the PFA and the Professional Football Negotiating and Consultative Committee (PFNCC), over any potential changes to a player’s conditions.

This consultation has not happened, and as such, we are gravely concerned that any cap brought in will be unlawful and unenforceable, which will ultimately be detrimental to everyone involved.


I don't know what planet the PFA is on, but here in the real world football clubs are really feeling the pinch, there's next to no revenue coming in, a new season starts in a month, and there's no date for starting to let crowds in, even with social distancing. There could be a significant uptick in Covid cases by September, maybe no crowds at all in 2020-1 season.

Somebody needs to make a decision in the next few days about what is going to happen - and every club and league and the PFA need to follow it - because if they don't then a lot of clubs will be gone by Christmas.
 
I don't know what planet the PFA is on, but here in the real world football clubs are really feeling the pinch, there's next to no revenue coming in, a new season starts in a month, and there's no date for starting to let crowds in, even with social distancing. There could be a significant uptick in Covid cases by September, maybe no crowds at all in 2020-1 season.

Somebody needs to make a decision in the next few days about what is going to happen - and every club and league and the PFA need to follow it - because if they don't then a lot of clubs will be gone by Christmas.
And this is a key point for me, a trade unions primary function is for job protection and job security, the wage protection is a big argument but not the key one, ultimately if clubs start going under then it won’t matter about wage caps for a lot of these players, as they will find themselves unemployed.
 
If I was on £3k a week at at division 1 club and my club was teetering I would very seriously look at taking a £1k cut if it guaranteed my £2k a week for next season. Never mind the fans, you have some consider not having a job in a specialist field. Clubs are running on reduced revenues it doesn't need 12 months of meetings to deduce that. Covid19 doesn't under stand the word consultation.
 
The only things that will save the current model with a country that has such a breadth and depth of established clubs is:

Forcible redistribution of wealth from the top of the pyramid because frankly trickle down economics within and out of football is tosh. I don't see it happening though.

The lower divisions somehow become profitable TV ready enterprises of their own, again I just don't see how it's possible.

Crowdfunding. Which is dreadful as an option. Semi pro clubs are reliant on it to be anywhere near professional.

Could we make the FA Cup sponsorship money somehow be heavily pumped in at the lower levels? Make the FA Cup an automatic champions league place and clubs pay a scaled fee for their chance to qualify via it and then that's tipped on its head in redistribution?

Honestly don't know the answers but it doesn't seem like lower league football is financially viable while the prem and to a lesser extent the championship grow into monsters.
 
In pretty much the rest of the world most of these players would be amateurs or, at best, semi-pros. I'm not sure that allowing clubs and players wages to find a 'natural' level would be a bad thing. Reading the above thread caused me to do a bit of googling and I came across this: https://spartacus-educational.com/Fwages.htm - a history of players wages in England. There's a bit of Boro and a lot of Wilf Mannion in there. Although I grumble with the best of us re Sky, the Premier League, agents, owners and the modern player, the article suggests it was ever thus.
 
I read at the Weekend that L1 and L2 clubs all agreed the salary cap at £2.5m and £1.5m per club. Players can earn more in promotional bonuses and cup bonuses. The cap only relates to players wages but also includes agents fees.

This will slightly restrict wages overall in the lower leagues, but mean less clubs go into administration.

It will also get transfers moving as clubs know where they stand in L1 and L2.
 
Back
Top