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CURBISHLEY WINS CASE AGAINST HAMMERS

ABOVE: Alan Curbishley

3rd November 2009

Alan Curbishley has won his case for constructive dismissal against West Ham after claiming he had no option but to resign.

A Premier League manager's arbitration tribunal has upheld Curbishley's claim for wrongful dismissal after he resigned last season following the club's decision to sell Anton Ferdinand and George McCartney to Sunderland against his wishes.

Curbishley said: "I am obviously delighted with this result. I very much enjoyed my time at West Ham and never wanted to leave, but on joining the club I insisted that my contract contained a clause confirming that I would have final say on the selection of players to be transferred to and from the club."

He added: "The club completely ignored my contract when selling Anton Ferdinand, and when George McCartney was then sold, the club having given me assurances that no players would be leaving the club after the sale of Anton Ferdinand, I had no alternative but to resign.

"My authority and integrity were undermined and my position was made untenable. I now wish to put this entire matter behind me."

The tribunal, which dismissed a counter claim from West Ham, will now assess how much compensation the club will have to pay.

Curbishley quit the Hammers at the start of the 2008/09 season and launched his case after which the club launched a counter-claim relating to the cost of employing his successor Gianfranco Zola and his assistant Steve Clarke. The counter-claim has proved unsuccessful.

Richard Bevan, chief executive of the League Managers' Association, said the outcome demonstrated the need for clubs to respect contracts.

Bevan said: "Naturally we are delighted with the outcome for Alan but, at the same time, sorry that he wasn't able to continue at West Ham United, a club that has played such a prominent part in his professional career both as a player and manager.

"The findings of the tribunal demonstrate the critical importance of respecting contracts which need to set out the roles and responsibilities of the parties in clear and unequivocal terms."