Jack Gaskell wrote:
Mick, my reading of the situation is that they cannot sit players out as you suggest. Players who are not registered will become free agents because they will not be paid. It follows that players who are registered must have a combined salary below or at the limit of the imposed salary cap. They cannot have paid players outside the salary cap limit. this is why they would have to sell.
Apologies if I am misunderstanding the position.
I've got a bit of history in employment law, but it's been a while so I'm only 80% sure on what I'm saying here.
I believe the RFL have jurisdiction over players salaries. However, players are only players in the eyes of the salary cap regulations once they play a competitive game for the club. Until then they're just employees of the club. The RFL can refuse to register players if it would make the club break the salary cap rules.
I believe that if Salford chose to sit players to avoid registering them, then the player could, in theory, claim breach of contract as it could be demonstrated that they were signed to be part of the playing squad and that failing to register them is detrimental to their careers. I think it would be up to players to pursue that line themselves with the club and at employment tribunal if necessary.
If Salford were unable to make payroll at any point they would automatically find themselves in breach of contract and players would become free agents.
This should all be taken with a pinch of salt as I don't have detailed information on the regulations involved, but it is unlikely that the RFL have it within their remit to withhold the right of Salford to employ people in non-playing situations, which is what it would be if they don't register the players.
That being said, it could well be within the remit of the RFL to suggest that if Salford honour the contracts of players without registering them then they have not in fact reduced their costs in any meaningful way and their sustainability cap could be further reduced to compensate for that.
All in all, it's very complicated for Salford if the takeover doesn't happen soon and they have the sustainability cap lifted. There could be areas that would have to be clarified by tribunal or in the courts. They're also going against the spirit of what the RFL have asked of them.
