Man Utd could be sued by Mason Greenwood if they terminate his contract ‘wrongfully’, a leading sports lawyer said today – as angry fans called for him to be banned from playing for the team.
Simon Leaf, head of sport at Mishcon De Reya, said the club was stuck ‘between a rock and a hard place’ when it came to the striker, who had attempted rape and sexual assault charges against him dropped yesterday.
He told Sky News: ‘On the one hand they’ll be looking at the contract and whether they’ve got the right to terminate it, but on the other hand if they do take action and terminate the contract wrongfully they may find themselves subject to a further claim from Mason Greenwood himself.’
Alex Clarke, an employment law specialist at Onside Law, declined to comment specifically on Greenwood and United, but said a club could be able to end a player’s contract for gross misconduct even if they had not been convicted of a crime.
Mason Greenwood originally faced one count of attempted rape, one count of controlling and coercive behaviour and one count of assault occasioning actual bodily harm, all against the same complainant. The charges were dropped yesterday
He told The Athletic: ‘The standard of wrongdoing required to terminate an employment contract is not the same as the standard for a criminal conviction and, where details of a player’s conduct are made public during criminal proceedings, a club may have enough evidence to terminate for gross misconduct.’
David Seligman, a senior associate at Brandsmiths, said the question Utd faced was whether Greenwood’s alleged conduct encompassed ‘an instance where a player’s behaviour has brought the club into disrepute to the extent that the board considers it to amount to gross misconduct’.
Mr Clarke added: ‘If a player feels he has been dismissed unfairly, he could bring a claim for unfair dismissal and he would effectively be claiming for the value of whatever is left to run on his fixed-term playing contract.
‘Whether that claim is likely to be successful will depend on the particular circumstances and the weight of available evidence against him. In cases where a player has been acquitted of any criminal wrongdoing, he is likely to argue that any decision to dismiss him is at odds with a finding that he is innocent and is therefore unfair.’
Many Red Devils supporters are adamant he should never return. Ian Stirling, a board member of the club’s supporters’ trust, tweeted: ‘An immediate loan as far away as possible. Run the contact down and release and that’s only if his contract can’t be paid up or terminated. No way should he play for us again.’
Another Utd supporter wrote: ‘As a Man Utd fan I don’t want Mason Greenwood back. I hope he grows as a person but not when he’s getting mega money at a Premier League club. Sorry.’
Simon Leaf, head of sport at Mishcon De Reya, said Man Utd was stuck ‘between a rock and a hard place’ when it came to the striker
The Crown Prosecution Service (CPS) said the withdrawal of key witnesses and new material coming to light were factors in the decision to stop the case against the 21-year-old.
Greater Manchester Police (GMP) said it was ‘only fair’ it announced that Greenwood would no longer face criminal proceedings, but urged any potential victims of crime not to ‘let this case put you off asking for help’.
Greenwood originally faced one count of attempted rape, one count of controlling and coercive behaviour and one count of assault occasioning actual bodily harm, all against the same complainant.
The news has prompted some fans to call for the footballer to return.
This prompted a furious response from mental health campaigner Benny James, who tweeted: ‘It’s actually disgusting to see United fans try to justify Mason Greenwood coming back. Just admit you don’t care about what he did because you want him to play football for you instead of making up bulls*** excuses for why he’s ”innocent”.’
In a short statement released on Greenwood’s behalf after the charges were dropped, he said: ‘I am relieved that this matter is now over and I would like to thank my family, loved ones and friends for their support.
‘There will be no further comment at this time.’
Many Red Devils supporters are adamant he should never return, including Ian Stirling, a board member of the club’s supporters’ trust
Greenwood was arrested in January and immediately suspended by Manchester United
It’s understood that Greenwood will not return to playing or training while United carry out their own internal investigation.
A statement from the club read: ‘Manchester United notes the decision of the Crown Prosecution Service that all charges against Mason Greenwood have been dropped.
‘The club will now conduct its own process before determining next steps. We will not make any further comment until that process is complete.’
In its statement confirming the case had been discontinued, the CPS said: ‘We have a duty to keep cases under continuous review.
‘In this case a combination of the withdrawal of key witnesses and new material that came to light meant there was no longer a realistic prospect of conviction. In these circumstances, we are under a duty to stop the case.
‘We have explained our decision to all parties.
‘We would always encourage any potential victims to come forward and report to police and we will prosecute wherever our legal test is met.’
Greenwood, who has been capped once for England, was first held in January over allegations relating to a young woman, after images and videos were posted online.
Within hours of the allegations surfacing, Greenwood was suspended from playing or training with the Old Trafford club.
A court sketch of Mason Greenwood appearing in the dock at Manchester Magistrates’ Court on October 17 with security on charges of attempted rape, engaging in controlling and coercive behaviour, and assault. All three charges related to the same woman and have all been dropped by the CPS
Nike suspended and later terminated its sponsorship deal with Greenwood, while Electronic Arts confirmed his removal from active squads on its Fifa 22 game.
Chief Superintendent Michaela Kerr, GMP’s head of public protection, said: ‘Given the significant media coverage of this case, it is only fair that we share the news that the 21-year-old man, who had been arrested and charged in connection with an investigation opened in January 2022, no longer faces criminal proceedings in relation to this.
‘The investigation team has remained in regular contact with the legal team, providing any updates of note, and so understand the rationale for the discontinuation of proceedings at this stage, and that this decision has not been taken lightly.’
Ms Kerr said an ‘ever increasing number of officers are receiving specialist training’ and the force is more consistently using tools to keep people safe and care for victims.
‘If you feel you are or might be a victim, please don’t let this case put you off asking for help,’ she added.
DailyMail
