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1. A few legal thoughts on potential repercussions following Harry Maguire being found guilty by the Greek courts of repeated bodily harm, attempted bribery, violence against public employees and insult after arrest.
2. Subject to Maguire’s right to appeal, Man Utd could rely on those findings as amounting to ‘Gross Misconduct’ under the standard form Premier League player contract.
3. ‘Gross Misconduct’ is very widely defined, including a breach of the terms of the contract (cl 3.2.5 includes not doing anything that may bring the club into disrepute) or other serious conduct by the player.
4. Again subject to likely appeal, Utd could discipline Maguire and potentially dismiss him.
5. History tells us that clubs do not dismiss important players for criminal offences, save generally the most serious that lead to significant prison sentences.
5. Players are financial assets. Terminating their contract would render them ‘free agents’, disentitling the club to a negotiated transfer fee. Maguire has a market value of £80m a year ago.
6. Chasing a player for damages following a termination for gross misconduct is long, costly and can be futile: Chelsea v Mutu (of which not a penny has been paid after years of legal proceedings).
7. Clubs will typically discipline an important player instead: a two week fine is the maximum fine in the standard form PL contract unless otherwise approved by the PFA.
8. The nuance nowadays (and where it can really hurt a player financially) are a player’s commercial contracts, whose terms are often sophisticated including ‘good conduct’ clauses.
9. For example, an image rights agreement (which Maguire will have) will likely include a clause that he would do nothing to undermine the value of his image. Criminal convictions for his offences almost certainly does just that.
10. Those commercial agreements can either be terminated or renegotiated at a significantly lower value as Maguire’s commercial ‘worth’ may now be impinged.
11. But Maguire was on holiday, ‘off the clock’ I hear some say. That does not matter; both club’s and England’s code of conduct apply ‘at all times’. That is not unreasonable given the profile of top players and the view that they are role models.
12. Sanctions in England’s Code is Conduct include a ban from selection and/or fine. The outcome of a criminal appeal will likely be awaited before any formal sanction is considered. However, simply to avoid a circus, Maguire may not be or choose to be selected in the meantime.
End. Without commenting on Greek criminal procedure & prospects of an appeal (which am not qualified to do), there are - to say the least - thorny legal, commercial & reputational decisions that Man Utd, England, Maguire/his advisors now need to take.
Addendum. As anticipated, swift action taken. Man Utd publicly back Maguire’s appeal and call into question the fairness of the Greek proceedings to date. However. England ‘drop’ Maguire. There will likely be ongoing private discussions between his agent and commercial partners.
