IN THE MATTER OF THE ARBITRATION ACT 1996
AND IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE PREMIER LEAGUE

B E T W E E N:
LLEWELLYN CHARLES CURBISHLEY
First Claimant
-and-
ALAN CURBISHLEY PROMOTIONS LIMITED
Second Claimant
-and-
WEST HAM UNITED FOOTBALL CLUB PLC
Respondent

1. Alan Curbishley claimed that in September 2008 he was constructively dismissed as Manager by West Ham United Football Club. He alleged that in breach of his Service Agreement the Club sold Anton Ferdinand and later George McCartney to Sunderland against his wishes.

2. Clause 4(1)(a) of the Service Agreement stated: "The Manager alone shall select players for [the Club] to transfer to and from the Club".

3. The Club denied that it acted in repudiatory breach and that Mr Curbishley was entitled to leave the Club. The Club contended that the Manager was himself in breach of the Service Agreement and counterclaimed compensation.

4. The Tribunal found that the conduct of the Club amounted to a fundamental breach of the Clause and a repudiation of his contract. He was therefore entitled to resign. He is entitled to compensation which the Tribunal has yet to assess.

5. The Tribunal also found that there was another clause in the Service Agreement which was specifically designed to avoid this situation arising. Clause 5(1)(c) provided that the Manager had to carry out a 'reasonable order or direction' given to him 'by the Board' or given to him 'by the Board through the Deputy Chief Executive'. The Club never exercised this power nor followed this procedure. The Executive Directors erroneously attempted to override the Manager's contractual right by selling the players against his wishes.

6. The Tribunal found that the Manager was not in breach of the Service Agreement and dismissed the Counterclaim.

Sir Philip Otton (Chairman)