Webster ruling is Bosman-esque "landmark"
Andy Webster's move to Wigan may have set a significant precedent
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Wednesday, 09, May 2007 09:07
The ruling in the Andy Webster transfer case could have as much significance as the Bosman result of 1995, according to players' unions.
Scottish Professional Footballers' Association (SPFA) general secretary Fraser Wishart described the case as a "landmark", which could irrevocably alter the player transfer market.
Webster is the first player to successfully use new Fifa regulations allowing him to move clubs after the 'protected' period of his contract at Hearts had expired.
Players under 28 must serve at least three years of their contract and players over this age must serve two years before they can effectively buy out the remainder of their deal from their current club.
A compensatory fee for the player is decided by tribunal which the player himself must pay, but he is then permitted to move without restriction as long as it is to a team in another country.
"When a footballer is stopped from doing what he enjoys most, and that is playing the game, naturally he will seek to have that situation resolved," Webster said.
"Now that a decision has been made I can now focus on playing football again.
"I also hope it will be of benefit to other players who find themselves in a similar situation to the one I found myself in at Hearts."
Webster was frozen out of the first-team picture at the Edinburgh club after talks over a new contract hit the buffers.
So Webster used the new regulations to secure a move to Wigan Athletic in the Premiership and was ordered to pay £625,000 compensation.
Wishart said the decision meant players rights would be increased even further than they were under the Bosman ruling, which allowed players to move clubs for free once their contract expired.
"The ruling has vindicated [Andy Webster's] position," the SPFA general secretary said.
"Footballers are entitled to the same freedom of movement and contract rights as any other employee in the European Union or the global market place.
"I believe this decision will prove to be a landmark and will enable many players to enjoy greater freedom of employment."
Wishart also argued that the new rules would help to "rationalise the transfer market" because players would have even greater powers to move clubs without so many road blocks in their way.
"Certainly at the highest level some of the transfer fees that are paid are exorbitant and I think this will help work that out as well," he added.