20th December 2013

Don’t Malk Me Resign!

Reports have emerged today that Malky Mackay, the manager of English Premier League Club Cardiff City, has been given an ultimatum to either resign or be sacked. BBC News reports that club owner Vincent Tan, a Malaysian businessman, wrote a letter to Mr. Mackay earlier this week criticising various aspects of his performance.

Concerns have been raised about Mr. Mackay’s use of the transfer budget following the Scot leading Cardiff City to promotion earlier this year. This is the first time the club have ever played in the Premier League.

It is well known that an employee who is expressly told that they have no future with an employer and who is invited to resign will be regarded as having been dismissed. Sir John Donaldson MR of the Court of Appeal devised a simple question for determining whether there has been a dismissal: “Who really terminated the contract of employment? If the answer is the employer, there was a dismissal”.

Employers should never invite an employee to resign, particularly in a heavy-handed manner with the threat of dismissal being aired as the only alternative. Holding a gun to the employee’s head will lead to an unfair dismissal.

Cardiff City currently sit 15th out of 20 teams in the Premier League, just 3 favourable results behind Manchester United.

Hang in there Malky!

Jack Boyle
Solcitor – Employment Law

The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.

Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.


Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.

Privacy Statement

Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.

© Blackadders LLP 2022

Members of the Law Society of Scotland.

Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.

Back to Business Legal News from Blackadders Solicitors