DERMOT DESMOND AND BRENDAN RODGERS: DOES AN NDA APPLY?
- BY LIAM CARRIGAN
- 5 hours ago
- 3 min read
One of the big talking points I’ve seen emerge in the aftermath of last night’s shock announcement that Brendan Rodgers is no longer the Celtic manager centers around the subject of NDAs.
To give them their full title, non-disclosure agreements, also sometimes referred to as “confidentiality clauses” and from time to time, also used in reference to the related term: Non-Disparagement Agreements.
OK, disclaimer here, the following should not be taken as legal advice. I am not a lawyer, nor would I ever wish to be. Being a writer and a teacher is stressful enough!
However, I have been the subject of NDAs on a number of occasions with a number of companies and individuals that I have worked with.
In journalistic circles, we often joke that NDAs are something of an occupational hazard. What you know to be true, and what you are legally allowed to say, are often poles apart.
There is No NDA Between Dermot Desmond and Brendan Rodgers
As I mentioned earlier today, Dermot Desmond’s statement last night wasn’t just highly personal, potentially defamatory and totally out of order, it was also showed complete disregard for corporate best practice.
As I already said, as a minority shareholder, albeit the largest minority of any individual entity, he does not have the authority to speak on behalf of Celtic PLC. That’s the job of either our eternally absent chairman Peter Lawwell, or our eternally silent Chief Executive Michael Nicholson.
These men are appointed to their positions for a reason. In the event of any kind of dispute, the responsibility falls on them, and them alone, to speak for Celtic as a company.
Likewise, any confidentiality clause, NDA or whatever such points might be included in Brendan Rodgers’ contract with Celtic, they apply to him and Celtic PLC. The agreement is not between Dermot Desmond and Brendan Rodgers. He can let his personal delusions of false power run wild as much as he likes, but Dermot Desmond is not Celtic. Therefore, Brendan Rodgers owes him no vow of silence.
To extrapolate further, Desmond came out last night and released a grossly unprofessional, derogatory statement about Brendan Rodgers and his alleged conduct. Whether its true or not, such was the abstract and emotion-driven nature of many of the insults hurled Rodgers’ way, I highly doubt Desmond would be able to conclusively prove these allegations at any subsequent employment tribunal.
Again, it doesn’t take a lawyer to see this, it’s just common sense.
We’ve only heard 33% of the story so far. Ironically, that’s about the same level as Dermot Desmond’s Celtic shareholding.
Desmond has said his piece, Rodgers hasn’t said his yet, but I believe he will within the next day or two.
Celtic PLC have also not officially commented on Desmond’s allegations. If any of our executive board actually had some semblance of a spine, they could probably, quite legitimately argue that Desmond’s statement last night was an act of corporate negligence, which breached internal club protocol, and, potentially, brought Celtic PLC into disrepute.
I won’t hold my breath on that one though. If anyone in the board room was going to slam the brakes on Desmond’s latest ego trip, last night was the time to do it, BEFORE that needlessly petty and inflammatory statement went out.
I find it hard to believe that someone with Desmond’s supposed business acumen could be that naïve, or dare I say, stupid.
This could all have been concluded quietly, Brendan Rodgers could have been ushered out the door, and Celtic could have moved forward. The acrimony between the board and fans would remain, however the manager’s own discontent with the running of the club would no longer be a complicating factor.
As it stands now, I expect things to get ugly, and to degenerate very quickly into a quite brutal slanging match between two very egotistical individuals, with Celtic, our supporters and our team caught in the crossfire.
Whoever ultimately prevails in this protracted war of words between Dermot Desmond and Brendan Rodgers, Celtic will lose.
The reputational harm that Dermot Desmond has, potentially, brought upon our club, and the totally needless extra difficulty his statement has created for us in finding a new manager cannot be understated.
Who in their right mind would want to work for a board whose leading member doesn’t give a damn about the basic principles of respect, privacy and decorum?
This egomaniac cannot be allowed to continue to run roughshod over business rules, ethics and codes of conduct any longer.
Celtic will not prosper in the long-term, while Dermot Desmond retains his current level of power over the club.