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England Rugby | Ashton thrown a hospital pass

You've taken over a struggling team beset by injuries to your best players. The press and fans are lining up to have a pop. Amazingly you get the team to a World Cup Final and then beat France in Paris for the second time in six months.

Your reward? Well if your name is Brian Ashton and the employer is the Rugby Football Union (RFU) then it's the sack.

Against this backdrop of comparative success, Ashton finds himself removed from his position and effectively demoted by being offered his old job back. Last week the RFU turfed Ashton out and replaced him with Martin Johnson as the new team manager.

Now employment lawyers are claiming that Ashton could have a claim for constructive dismissal or age discrimination.

Ian Deakin, solicitor in the employment group at Pinsent Masons law firm, said: "Ashton may well consider himself very harshly treated and, possibly, constructively dismissed and the victim of discrimination on the grounds of his age.

"The fact that his replacement is significantly younger than him and has very limited managerial experience could mean any claim on the grounds of age discrimination is treated seriously."

The fact the RFU has offered Ashton his old job back in a bid to soften the blow could prove canny though in any potential legal action. Ashton is said to be taking his time over making a decision, no doubt leaving the RFU top brass time to sweat.

The world of sport seems to play by its own rules when it comes to employment law, so a high-profile tribunal is unlikely in my opinion.

Mike Berry |

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