Reports have emerged today that Malky Mackay, the manager of English Premier League Club Cardiff City, has been given an ultimatum to either resign or be sacked. BBC News reports that club owner Vincent Tan, a Malaysian businessman, wrote a letter to Mr. Mackay earlier this week criticising various aspects of his performance.
Concerns have been raised about Mr. Mackay’s use of the transfer budget following the Scot leading Cardiff City to promotion earlier this year. This is the first time the club have ever played in the Premier League.
It is well known that an employee who is expressly told that they have no future with an employer and who is invited to resign will be regarded as having been dismissed. Sir John Donaldson MR of the Court of Appeal devised a simple question for determining whether there has been a dismissal: “Who really terminated the contract of employment? If the answer is the employer, there was a dismissal”.
Employers should never invite an employee to resign, particularly in a heavy-handed manner with the threat of dismissal being aired as the only alternative. Holding a gun to the employee’s head will lead to an unfair dismissal.
Cardiff City currently sit 15th out of 20 teams in the Premier League, just 3 favourable results behind Manchester United.
Hang in there Malky!Jack Boyle Solcitor – Employment Law