. @seanjonesqc raised some great employment law issues arising from #SuperLeague during discussion for @LawInSport.

Particularly: Founding Clubs’ involvement with #ESL could amount to repudiatory breach of those clubs’ players’ contracts, giving players short window to leave.

There are tiers of obligation that affect termination.

Clause 11.1.1 of the standard @premierleague contract allows player to terminate contract by 14 days’ notice if the club ‘shall be guilty of serious or persistent breach of the terms and conditions of this contract’.

FIFA’s Regulations on the Status and Transfer of Players, article 14 allows a player’s contract to be ‘terminated by either party without consequences… where there is just cause’. It is possible that FIFA would agree clubs’ involvement with #SuperLeague amounts to ‘just cause’.

Common law doctrine of repudiation could also be relevant when looking at specific clauses. Clause 6 (relevant to clause 11.1.1 point too) of standard #PL contract requires club to ‘observe the Rules’ (‘Rules’ includes PL Rules, FA Rules, UEFA Statutes, FIFA Statutes).

Further, could be argued that Founding Clubs acted in breach of the implied obligation of ‘trust and confidence’ (applicable to all employment contracts). Significantly, a breach of this obligation cannot be cured, which, if applicable, could be a boon for players seeking escape.