Clubs Could Be Sued Over Covid-19


Clubs Could Be Sued Over Covid-19



The government department for Digital, Culture, Media and Sport have produced a guidance document to draw a pathway back to resume the game.

It is entitled Elite Sport Return To Training Guidance: Step One and was published on 13 May 2020.

League Two has voted to end the season with three promoted and no relegation.

They have done this because testing players would cost £140,000 (€156,338 - AUS$261,352 - US$170,390) per club and only four, I believe, make a profit.

Income would not match expenditure if they finished the season so ending it saves clubs money, at a time when they get no income from fans attending games.

Fans contribute 40% of total income at League Two level and I'm working on memory here, but I think it is 35% in League One. Fans contribute less to overall income the higher you go.

In some Premier League clubs TV and broadcasting money accounts for 80% or more of total income. Without it, they can't pay the wages, a totally unhealthy way to run a business and of course, what happens to the business, affects the football.

If the Premier League resumes behind closed doors, how much income would be lost?

No fans so no ticket money, no program selling, no beer and chips sold, no corporate sponsors in expensive boxes using hospitality, no advertising revenue, existing sponsorship deals effectively in breach of contract.

How much will income be reduced by over the remainder of the season while cramming football into a few short weeks, before you start another season still with a massively reduced income?

The Guardian reports that the Premier League faces a £300m-£350m (€334.95m-390.78m - AUS$559.74m-653.03m - US$365.10m-425.95m) bill from broadcasters even if the season is finished.

Divide that by 20 clubs, add in lost matchday income, how much does that affect what can be spent in the transfer window?

You budget revenue coming in to help determine what transfer spending power you have.If you don't know what your season and future income will be,it all becomes a bit of a gamble. You could cripple your club for the next 10 years or more.

Each Spurs fans was worth roughly £51.95 per game, Chelsea £53.15, Manchester United £55.08, Arsenal £55.01 and Liverpool £59.98 last season.

Those rough figures have come from football finance expert Kieran Maguire, who has calculated that ending the season without playing any more games could mean domestic broadcasters being entitled to almost £822m (€918m - AUS$1.53bn - US$1bn) rebate.

That's even worse than the Guardian figures and they are from a finance expert so far more likely to be accurate. Now divide that figure by 20 and add in everything else.

The maths for you, £822m divided by 20 clubs is a £41.1m (€45.91m - AUS$76.78m - US$50.06m) loss just from domestic TV and broadcasting revenue alone!

That doesn't include overseas broadcasting and the Premier League is broadcast all around the world.

I wrote right at the beginning of this pandemic that Tottenham were lightly to lose around £100m (€111.71m - AUS$186.88m - US$121.79m) of income. I might not be far out.

Also how many injuries will there be as a result of players playing too much football in too shorter period of time?

Also, remember there is a European Championship to play next summer before straight back into another season.

There is a more serious issue that clubs have to guard against, Step Two.

What happens if a player contracts Covid-19 from another player, the club could well be sued and if that player dies, then the family might seek financial reparation.

You have to remember here that figures from South Korea show one-fifth of people testing positive have shown no symptoms and that people are infected for at least 2 days before they show any symptoms.

Why should a footballer and club staff be tested before doctors, nurses and other key workers (no Piers Morgan you are not a key worker)?

Also, testing kits can only detect the virus if over 3,000 pathogens are present in the body. If there are fewer, say 1000 pathogens, then the individual could still be infected despite registering negative and still be able to transmit the virus. 

That puts clubs into a legal minefield.

Look at Holland where the season has been declared null and void, no Champions, no relegation, no promotion. That has seen a legal challenge rise from Gambur who were 11 points clear and on course for promotion.

How do you decide on European places? There will be legal challenges for sure from clubs who miss out as a result of any ruling, except playing. There is too much money involved not to mount a legal challenge.

Is this really why the Bundesliga are playing and the Premier League are determined to play?

In France, Lyon have said they will mount a legal challenge to the weighted points-per-game system Lique 1 adopted to decide the season.

That meant Lyon missed out on European football for the first time since 1997. That has implications for the longer term, let alone short-term financing.

French clubs have to make the books balance each season which means they will have to sell players and bring in cheaper options on lower wages. That could affect the club for years, just look how much European football has basically been a closed shop in the Premier League and that is simply because of money.

Second from bottom club, Amiens SC, having failed with their alternative suggestion to the French League to reverse its decision to relegate them, which they say is "fraught with consequences that goes against fairness in sport," have started legal proceedings.

Amiens club president Bernard Joannin told the media: "One cannot impose relegations when, out of a 38-match season, only 28 matches were played – representing only 74%. You can’t decree a competition – a sporting contract – completed when one quarter of the competition is yet to be played."

The clubs action is supported by the city authority, Amiens Metropole. Joannin went on to say: "We were still due to play the three teams directly above us in the table. This decision is unjust. It makes no sense. It has no basis. It is a punitive decision. Sport and competition make me tick. When you fail in competition, you lose and you move on. But here, we didn’t lose. We’re being relegated by administrative means. And I cannot accept that.

"In financial terms, relegation would mean the club losing €40m in revenue. It would be necessary to drastically reduce Amiens’ budget.” Would that lead to redundancies? “I don’t want to leave anyone behind, but no one can achieve the impossible. We’ll try to find solutions for everyone. But I can tell you, as shareholder, that I will meet the challenge and the club will not die.

"As for the city, in terms of notoriety, the name of Amiens has never been as mentioned in the media as since the club has been in Ligue 1. There are also economic consequences for local businesses.

"Amiens airport welcomed other clubs’ private planes and our plane when we played away from home. Hotels welcomed away teams and fans. For every home match I would employ more than 300 people, from stewards to hostesses. 

"Take the stadium too – if we go down, the convention is that our rent will be reduced by half. So, the relegation would mean a real economic hit for the city. That’s why the city is also fighting it.

"As we have very limited financial resources, we are obliged to wait until the final day of the transfer window – 30 August – to do our business. So, the first months of the season are always difficult for us. It takes time for the coach to work out his best team and to set a tone for the group. That’s why we always finish strongly – we build momentum."

He has some very valid points, particularly about the economic impact to a region not decided on the football field.

You are dealing with people's lives and clubs futures. Look how long it has taken Sheffield United to get back into the top flight when West Ham United should have been relegated over the Carlos Tevez affair, a goal scored by a player who shouldn't have been playing. That was 2007!

Relegation is a serious matter.

Is anyone going to do anything until that decision is reached this week and what next if this legal action fails, an appeal? You can bet clubs and leagues around Europe are watching the outcome closely.

Rafael Gimenez, a centre-back with LaLiga Segunda top of the table side Cadiz, has refused to have a test done and has forgone his salary.

He is refusing to train and says his health is far more important. I don't blame him, how many others have as much care over there and other people's health?

Watford players and N’Golo Kante at Chelsea are also refusing to train.

Football is a physical sport, training is physical so how can you train or play properly if you have to stay 6 feet apart? Simply telling a player to turn his head is pretty stupid, how would a mask work, would it stay on?

If a player feels that returning to training and or playing would pose a serious and imminent risk to their health and safety then they are protected under law.

Clubs can not stop paying their wages as it is breach of contract. The head of global players’ union FIFPro, Jonas Baer-Hoffmann, has said it would be “inhumane and unacceptable” if they were to be punished.

He went on to say “No system can actually exclude the risk of infection, so it is a question about the probability by which you minimise that risk and many of the systems that we are seeing and reading about – not particularly England – still leave many, many gaps and many risks".

A player could clearly mount a legal challenge with strong support. 

With that in mind, I ask again, what happens if a player contracts the illness and dies or passes it on to another family member, who dies?

His club would then be responsible for having put him in that situation. There could be legal challenges against both clubs and the Premier League.

Do you know what I haven't heard through all of this?

Nobody has spoken about the officials. They are at risk too or they may have the virus and not know it. They could be sued or their body.

Like I say, it is a legal minefield and clubs will be constantly tip-toeing through it.

Figures have still got to improve over a sustained period before we can consider resuming football, individual fitness training is all that can be done at the moment.

COYS
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