Watching the Manchester United HR blunder unfold…

On Saturday: Man Utd communicate to journalists Jose Mourinho is to become the Club’s new manager.

On Sunday: Current manager Louis van Gaal announces he has not been told about the change.

On Monday: Man Utd sack Louis van Gaal.

On Tuesday: Man Utd announce that they are only “in talks” with Mourinho.

Now I’m not the greatest football fan, but from an Employment Law geek perspective, this debacle makes for great entertainment! I suspect a very angry Legal Team called the Club on Sunday and attempted to unravel the employment law disaster that the Club found itself in.

Whilst I can understand the eagerness of the PR team to announce their new manager immediately after the Cup Final when the whole world is watching (it was leaked to journalists minutes after the final whistle), they clearly didn’t think of the legal ramifications.

This is a great example of circumstances when an employee could claim constructive dismissal. The Club clearly communicated that Louis van Gaal was being replaced before he was even notified or dismissed (his wife read his fate on the BBC website after the game!). This gave him the opportunity to resign in response to the Club’s conduct towards him (a repudiatory breach of contract by the Club). Alternatively, if he did not take that step to resign (I suspect he didn’t as he did arrive for training on Monday with a League Manager Association QC) before they announced he was sacked, we are looking at an unfair dismissal and breach of contract claim. In reality, we are unlikely to see which way this went from an employment law perspective, as this matter will certainly be settled behind closed doors for a hefty payout.

A more cynical head may wonder if employment law was ever a consideration of the commercial team, who saw a hefty contract payout as a small cost compared to the potential publicity achieved through the timing of announcing their new manager.