"Fergie Decks Becks": What Are the Legal Consequences?

Getting the boot has quite another meaning in the Manchester United dressing room. Most people will now have heard that David Beckham was on the receiving end of a football boot kicked by manager Alex Ferguson in anger. This followed the team’s defeat at the hands of Arsenal in the FA Cup on Saturday 15 February.

Sir Alex denies any intention to cause harm, saying, “It was a freak occurrence. If I tried a hundred, a million times to do it again I wouldn't be able to. If I could, I'd still be playing.”

However, could it have any legal consequences? Clearly Beckham could sue for injuries sustained, but a cut even to his much-advertised face is unlikely to generate a significant award.

Much more damaging are the consequences for the employment contract. Any employee is entitled to be protected from harassment at the hands of his manager. Although a changing room accident might seem trivial, it is an expression of a management approach. If the kicking of a boot across the room was reckless it was quite likely to result in an injury to one of the players for whom the manager was responsible. Any employee is entitled to assume he has the trust and confidence of his employer and if the employer, by his actions, shows this not to exist, then the employee may well resign and say he was pushed and that the employer has committed a fundamental breach of contract.

In these circumstances, if there is constructive dismissal, the restrictions in the employment contract will not normally bind the employee. If the employee in question has a multi-million pound value and can walk out as free agent then it could prove to be an expensive boot.
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