My understanding of TUPE is that an employee can't be compelled to transfer his employment to a new employer and has the right to walk away from an employment contract. I'm pretty sure this is the fundamental principle here and why carvell feels he can walk away. I've never seen any mention of reduced salaries. I don't think anyone has mentioned dismissal, constructive or otherwise. I'm pretty sure he's just exercising his right to walk away under TUPE

You can "resign" at anytime. Your not obliged to work for somebody, but it doesn't free you from your contractural obligations unless you are dismissed or constructively dismiss yourself.

One of the key requirements for constructive dismissal is a change in employment conditions. A TUPE transfer is meant to actually protect these conditions.

Under TUPE he can walk away from any contract he had with the previous employer. No one is trying to claim constructive dismissal, just that his contract with bradford is null and void

It doesn't actually end the contract, or count as dismissal. However I believe you do get a very short consultation period under TUPE to refuse and walk away liability free. Not sure of the duration, but it's less than a week I think.

Bradford seem to be indicating from their statement that he didn't exercise this hence the surprise.

That's how I see it.

What is odd is this reference in Bradford's statement.



which wouldn't apply straight after a TUPE transfer.

The TUPE transfer was 9 working days ago, and Bradford wrote to Carvell "last week", so one has to assume that the consultation period was very short.

great to have him back

Could prove to be a great signing and a bit of something we haven't had since Moa left . When Tuson gets back Paea , Carvell , Ellis , Tuson , Westy and Houghton/Azza looks a great forward line compared to most teams in super league ... Fingers crossed for some luck on injurys this season . COYH

I hope for your sake you have evidence to support this allegation, as its already been investigated by the rfl and they didnt agree with you. Perhaps you can send them this new information?

Shut up you utter tart. Everyone knows what happened. Water under bridge move on 10.5.

Nowt to do with you, I'm attempting dialogue with another species. I dont expect a reply.

Utter tart? I over-estimated your vocabulary it would appear.

He has a point though. It was a bit of a girl's blouse thing to say, 7 years on. I'd go so far as to say Easty-esque.

Shock, when it happened to hull it's the rfls fault, you do it to bulls and it's their fault...

The guy Left the club to in his words win things, he's done that now he wants to return, watched a David Attenborough programme about elephants, they come home when they know their days are up too.

Does that mean we only have 2 years more to hear about Hudgell's comments of 2009 that some people inferred were about Hull FC's announcement of their signing of Craig Fitzgibbon?

How would Rovers have known to make an initial approach to Cooke? Rhetorical question, obviously.

Anyway, it's nice that we're all on the same page with this stuff now and can recognise sabre-rattling nonsense for what it is.

Was Ben Cockayne in it, kicking back, so to speak?

Hitting the heights, the night!

Good signing for you still, I reckon. And in this season of relegation, when the RL family will no doubt be revealed to be more akin to the Borgias than the Waltons, it makes everybody but Bradford a little safer. Ta.

I'm a girl though, could you have missed the point more spectacularly?

A couple of minutes ago there were 3 Rovers posters and 40 guests on your board, but 6 Rovers posters, a shedload of Hull fans (Goldie's 7 by 5) and 162 guests on here. This is not unusual. Sterile.

Choice between tumbleweed and towering inferno, innit?

You thanking us when you have the self-professed best pack in the comp? Bit odd.

I liked the Waltons. Full of self-congratulatory gingers, heart-warmingly they felt very familiar.

You know me - pessimistic tendencies.

If I ever start posting on other clubs' boards exclusively to bitch about Rovers signing their players, you have permission to shoot me.

Not ginger though.

Gareth Carvell is a very good signing, and I am delighted. Get Tuson in and our pack's shaping up OK.

Delighted with this welcome back Carvel, some grunt with pea and feka, if the halfs click we are shaping up a bit better not expecting top 4 but top 6 could be makeable now, bit of a transition year this I think

Thats the key bit for me, Carvell objected to the transfer and effectively resigned from his contract of employment

The constructive, unfair dismissal element is irrelivant unless Carvell was looking to make a claim against the Bulls which he isn't. If Bulls did change his conditions i.e reduce his salary that would just have lent further weight to his case.

Have you sent them their car back yet Gaz? Roll on Friday.....

That is the truth he was my coach at the time, loads went on even stuff that happened to Paul I don't agree with, but like people say its happened so move on.