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#Post#: 146923--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 8:57 am
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--- Quote from: Yareet link ---
>
> I wouldn’t profess to be any sort of expert on this so how
does The Hundred have a draft?
>
--- End Quote ---
because it is a pre-employment process, an auction and then a
job offer with an individual contract, which can be refused, a
draft system is patently not legal under English law.
#Post#: 146924--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 8:59 am
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--- Quote from: Scooter link ---
>
>
>
> I'm fairly certain that you and me aren't the smartest people
in the room.
>
> Fortunately, Icm not envisaging putting teenagers in chains
and forcing them to play rugby.
>
--- End Quote ---
But it is still not legal, and would set precedent in other
employment areas, so would require a change in legislation,
which would be opposed.
#Post#: 146926--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Scooter
Date: January 1, 2026, 9:07 am
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--- Quote from: Rugbycat link ---
>
> But it is still not legal, and would set precedent in other
employment areas, so would require a change in legislation,
which would be opposed.
>
--- End Quote ---
Sigh. Remember we're not the smartest in the room.
Keep what we have but introduce a mechanism maybe like the
clearing system then. You're arguing against a position that
nobody holds.
#Post#: 146930--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 9:48 am
---------------------------------------------------------
--- Quote from: Scooter link ---
>
>
> Sigh. Remember we're not the smartest in the room.
>
> Keep what we have but introduce a mechanism maybe like the
clearing system then. You're arguing against a position that
nobody holds.
>
--- End Quote ---
I am merely pointing out employment legislation, which is
composed of original English law, European Union legacy law and
the united nations universal declaration of human rights, which
we are a signatory of.
You can be as smart as you want but the law is the law, and all
of your proposals are contrary to it, and it won’t be changed
for a tiny sector of the employment market, the RFU were touting
a similar idea a few years back and were told it was not
compliant with the current employment legislation.
#Post#: 146931--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Scooter
Date: January 1, 2026, 11:00 am
---------------------------------------------------------
--- Quote from: Rugbycat link ---
>
> I am merely pointing out employment legislation, which is
composed of original English law, European Union legacy law and
the united nations universal declaration of human rights, which
we are a signatory of.
>
> You can be as smart as you want but the law is the law, and
all of your proposals are contrary to it, and it won’t be
changed for a tiny sector of the employment market, the RFU were
touting a similar idea a few years back and were told it was not
compliant with the current employment legislation.
>
--- End Quote ---
Nobody is forced to play rugby if they don't want to.
Nobody is forced to sign a contract to play rugby if they don't
want to.
If an academy player in Exeter is offered an extended academy
and/or pro contract in Newcastle then I'm fairly certain that's
compliant and within UK employment law.
I'm loathe to ask but what law do you think would be broken?
#Post#: 146932--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 11:20 am
---------------------------------------------------------
--- Quote from: Scooter link ---
>
>
> Nobody is forced to play rugby if they don't want to.
> Nobody is forced to sign a contract to play rugby if they
don't want to.
>
> If an academy player in Exeter is offered an extended academy
and/or pro contract in Newcastle then I'm fairly certain that's
compliant and within UK employment law.
>
> I'm loathe to ask but what law do you think would be broken?
>
--- End Quote ---
It is an unlawful restriction of trade, in any case any
franchise league will be close to the PWR model, which has no
draft or communal player resources and not your idea.
#Post#: 146934--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Scooter
Date: January 1, 2026, 11:33 am
---------------------------------------------------------
--- Quote from: Rugbycat link ---
>
> It is an unlawful restriction of trade, in any case any
franchise league will be close to the PWR model, which has no
draft or communal player resources and not your idea.
>
--- End Quote ---
Offering somebody a job is a restriction of trade?
The professional football transfer system must be the most
blatantly illegal trade in the UK.
#Post#: 146939--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 12:16 pm
---------------------------------------------------------
--- Quote from: Scooter link ---
>
>
> Offering somebody a job is a restriction of trade?
>
> The professional football transfer system must be the most
blatantly illegal trade in the UK.
>
--- End Quote ---
They only have the choice of one club, and can’t sign for the
others, which because they are all independently owned is a
restriction of trade, if they were all owned by the RFU it
wouldn’t be.
If you trained for a profession or trade and were told you were
trained in Exeter but have to work in Newcastle for a completely
different employer and had no choice, and if you refused you
could not practice, even though Exeter would have employed you,
would you think that is fair, so it has been legislated against.
It is all a bit like living in North Korea, and because it
impacts your human rights it also breaches other employment law.
In the same way that closed shops are unlawful and you can’t
stop people joining trade unions (except the Police and armed
forces) or blacklist them for union activity.
I
#Post#: 146941--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Scooter
Date: January 1, 2026, 12:33 pm
---------------------------------------------------------
--- Quote from: Rugbycat link ---
>
> They only have the choice of one club, and can’t sign for the
others, which because they are all independently owned is a
restriction of trade, if they were all owned by the RFU it
wouldn’t be.
>
> If you trained for a profession or trade and were told you
were trained in Exeter but have to work in Newcastle for a
completely different employer and had no choice, and if you
refused you could not practice, even though Exeter would have
employed you, would you think that is fair, so it has been
legislated against.
>
> It is all a bit like living in North Korea, and because it
impacts your human rights it also breaches other employment law.
>
> In the same way that closed shops are unlawful and you can’t
stop people joining trade unions (except the Police and armed
forces) or blacklist them for union activity.
>
>
> I
>
--- End Quote ---
I did point out that the host academy would always have first
choice to reach a contractual agreement before any
draft/exchange mechanism kicked in. So in the Exeter example,
the player would have already been told he was not required by
Exeter. Newcastle could have the next preferential opportunity
to hire followed by the 9th placed team and so on.
I'm not a lawyer but I really don't think it would be difficult
to develop a scheme that was compliant with employment law.
#Post#: 146942--------------------------------------------------
Re: O/T Exeter up for sale
DIR By: Rugbycat
Date: January 1, 2026, 12:39 pm
---------------------------------------------------------
--- Quote from: Scooter link ---
>
>
> I did point out that the host academy would always have first
choice to reach a contractual agreement before any
draft/exchange mechanism kicked in. So in the Exeter example,
the player would have already been told he was not required by
Exeter. Newcastle could have the next preferential opportunity
to hire followed by the 9th placed team and so on.
>
> I'm not a lawyer but I really don't think it would be
difficult to develop a scheme that was compliant with employment
law.
>
--- End Quote ---
So whats the point of the draft then, the clubs would retain
the players they want and release the ones they don't, is that
not what happens at the moment, the players would then be free
to find other employment on terms agreed between themselves and
the employer.
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