Expert says City could sue Tevez

Manchester City could sue Carlos Tevez for any drop in his transfer value as a result of his alleged refusal to play for the club, according to an expert in employment law.

Tevez’s City career looked to be hanging by a thread this afternoon after manager Roberto Mancini last night claimed the striker disobeyed his instruction to come off the bench in the club’s Champions League defeat at Bayern Munich.

Tevez denied this today, insisting the incident was a “misunderstanding”, but refused to go into further detail.

Mancini wants Tevez out of the club but his alleged behaviour could see City struggle to get their reported £40million asking price for the wantaway 27-year-old.

However, leading employment lawyer Howard Hymanson, head of the employment practice at Harbottle & Lewis, today claimed the club could make up any shortfall by suing the player for damages.

Hymanson said: “If the club retains Mr Tevez’s services and looks to ship him out in the January transfer market, it faces the likelihood of receiving a significantly reduced transfer fee because of the player’s general conduct and overwhelming desire to be away from the club.

“Keeping Tevez therefore will mean that the club will, in any event, take a significant loss from what they may regard as being his true transfer value.

“However, it may be that the club chooses to make an example of Tevez and dismiss him for gross misconduct and sue him in damages for the losses which it would sustain on receiving no transfer fee.

“Arguably, these losses are a foreseeable result of his alleged refusal to play, if that was indeed the case.

“Presumably, he will be good for the money if sued, given the vast sums that he has earned through his footballing career.”

City could face legal action regardless of how they respond to last night’s events, according to the head of Burlingtons LLP’s sports law department, and partner, Katie Simmonds.

She told Press Association Sport: “Man City are likely to weigh up whether or not Tevez’s alleged breach of his playing contract warrants premature termination.

“Careful consideration will need to be given as to whether this will leave them exposed to a potential employment claim from Tevez, including wrongful and/or unfair dismissal.

“Given the speed in which Tevez has released his statement explaining the position, any early termination of his playing contract would have to be well conceived in order to protect the club’s position, as they will need to justify that such drastic action is reasonable.

“I would be surprised if Man City adopted a hardline approach and sued one of their players for breach of employment contract as this would have a devastating effect on team morale.”

Simmonds also warned taking no action was fraught with danger, adding: “If it transpires that Tevez refused to play and he walks away from this episode without fine or sanction then this will undermine Mancini, potentially making his position at the club untenable.

“Worse-case scenario, if this led to Mancini resigning then potentially this could leave Man City open to an employment claim for constructive dismissal.

“The owners will have a tough balancing act of dealing with issues of employment, contract and, undoubtedly, egos to ensure that the club’s reputation remains intact.

“The world of football and sport at large will be watching Man City’s reaction to these events which could set a dangerous precedent in affording players too much power.”