Will Ashton take it further?
Among the fall-out from the shameless humiliation meted out to former England coach Brian Ashton by the RFU could be a lawsuit for constructive dismissal, according to several newpaper reports on Friday.
Among the fall-out from the shameless humiliation meted out to former England coach Brian Ashton by the RFU could be a lawsuit for constructive dismissal, according to several newpaper reports on Friday.
The Independent courted the legal opinions of lawyer Rob Riley of Addleshard Goddard, who stated that Ashton could have cases for constructive dismissal, unfair dismissal, breach of contract, and even age discrimination.
“You would rarely find a public limited company in the mess the RFU has got itself into,” he said.
“When a major business seeks to part with a senior individual, it should address two areas: the cost, and the protection of the reputations of both parties. It seems the RFU has gone about this the wrong way, and spent far too long doing it.
“The normal course of events in matters like this is for both parties to try to come out of a tricky situation feeling that they have got something from it, a win-win, if you like,” continued Riley, this time to the Daily Telegraph.
“The RFU doesn't seem to have put in place a clear strategy to manage either its reputation or that of Brian. Dealing with the financial aspect of a case like this is just one part of the picture. Reputational issues also have to be covered off. That doesn't appear to have happened.
“That offer of a job at the academy must seem like a smack in the face.
“My advice would be to stay put and let them do the pushing.”
Ashton has contacted legal advisors, who are now poring over the contract. He stands to win in the region of $70,000 ($138,000) if constructive dismissal is proven, while he could also expect in the region of £200,000 ($396,000) as 12 months' severance pay.
The RFU is receiving little support from anyone anywhere in the aftermath of this saga. Fran Cotton – a close ally of Rob Andrew down the months – labelled the RFU “absolutely appalling”, “duplicitous”, and “less than honest”.
Northampton Saints owner Keith Barwell, who faces a touch battle to keep coach Jim Mallinder if Martin Johnson's rumoured intent is true, said he would rather sell The Big Issue than work with the RFU.