Dan Ashworth and Man Utd in deep trouble

Dan Ashworth may have seriously damaged not only his reputation but also his chances of winning any reduced terms during arbitration and his bank balance.

Before we delve into what’s happened and more importantly what could happen next, it’s important to know that other than those involved no one knows the fine print of any contract.

In early February Ashworth held a conversation with Berrada who is swapping Manchester City for their rivals Manchester United. At this time Ashworth was still in post and not tending to his garden, however Berrada was on gardening leave. Not only was Berrada working covertly for Manchester United, but did so with an INEOS email address when he made his move to tap up Ashworth, which was then blind copied to Ashworth's Newcastle email.

In this exchange, Ashworth is also believed to have shared information about his move from Brighton to Newcastle, bringing in a breach of confidentiality with both clubs, risking his first of several days in court.

Berrada has most likely breached his contract with City, which in itself opens him up to a court case, but potentially opens Manchester United up to potential tapping up charges by the Premier League.

What does this mean for Ashworth and more importantly, Newcastle?

Firstly, the potential tapping investigation by the Premier League.

The reason this will fall at the door of Manchester United and not Berrada, is because an official INEOS email address was used when the approach was made, making it clear that he was acting on behalf of Ratcliffe and INEOS.

Previous tapping punishments in the League have resulted in a transfer ban being implemented and Manchester United could very much find themselves in a similar situation, the extent of any ban however is not written in the rules and would be down to the judgment of the League’s independent judgment panel.

The rules on this are clear, you need consent from the current club before you make your approach, all directors are expected to act in the ‘utmost good faith’. Not ’act dishonestly towards another club’ or ‘engage in conduct that is intended to circumvent these rules’. If Ashworth has been deemed to have acted in a way that goes against these standards, then he has breeched not only his contract but the rules of the Premier League, while it is highly unlikely, it brings into questions whether Ashworth is a fit to take a director role at a club and whether he would pass the required tests.

Considering the fallout and speed in which Ashworth was placed on Gardening Leave, it’s fair to say no consent was given and it’s very clear he has failed to act in good faith while attempting to get around the rules. The onus is now on Newcastle to approach the League and make a formal complaint.

Secondly, and possibly more concerning for Ashworth, is a potential breach of his gardening leave and Newcastle contract. Gardening Leave also known as a Restrictive Covenant, is a common practice in the UK especially for commercial and director roles, in short, for a period of time determined by your current employer you cannot work for or set up a business that would be in competition. This is completely in line with employment law in the UK and is not something unique to football. To break this covenant and take up responsibilities for your new employer while undergoing gardening leave, while not a criminal offence is absolutely a civil one that could very much land Ashworth in court (again).

These breaches are not something to swept under the rug, damages will be sought but the clubs in question, and as much as Jim Ratcliffe likes to talk, this isn’t something he can will away. The frankly amateur way in which Berrada, Ashworth and Ratcliffe have acted doesn’t bode well for the future of Manchester United.

So Ashworth could find himself fighting three court cases, two from Newcastle and one from Brighton. Meanwhile, Manchester United could be taken to court by both Newcastle and Manchester City, while also being investigated by the Premier League. All because Ashworth doesn’t know how to work his email properly.