Alan Curbishley wins wrongful dismissal case against West Ham over sale of Anton Ferdinand and George McCartney

Alan Curbishley has won his claim of wrongful dismissal against former employees West Ham United.

The former manager resigned at the beginning of the 2008-09 season after the club sold Anton Ferdinand and subsequently George McCartney to Sunderland against his wishes.

The Managers’ Arbitration Tribunal of the FA Premier League today unanimously upheld Curbishley’s claim that he had the right to sole authority in relation to the sale and purchase of players, and found that the conduct of the club amounted to a fundamental breach of contract, therefore entitling the manager's resignation.

Curbishley commented afterwards: “I am obviously delighted with this result. I very much enjoyed my time at West Ham and never wanted to leave, but on joining the Club I insisted that my contract contained a clause confirming that I would have final say on the selection of players to be transferred to and from the Club.

"The Club completely ignored my contract when selling Anton Ferdinand, and when George McCartney was then sold, the Club having given me assurances that no players would be leaving the Club after the sale of Anton Ferdinand, I had no alternative but to resign.

"My authority and integrity were undermined and my position was made untenable. I now wish to put this entire matter behind me.”.

Chief Executive of the League Managers Association, Richard Bevan, commented “Naturally we are delighted with the outcome for Alan but, at the same time, sorry that he wasn’t able to continue at West Ham United, a club that has played such a prominent part in his professional career both as a player and manager. 

"The findings of the Tribunal demonstrate the critical importance of respecting contracts which need to set out the roles and responsibilities of the parties in clear and unequivocal terms”.

The Tribunal also dismissed West Ham's counterclaim relating to the cost of employing Gianfranco Zola and his assistant, Steve Clarke. Compensation will now be assessed.