QPR skipper could be sacked for gross misconduct

17:09 17 May 2012

Joey Barton has to be restrained after his red card against Manchester City on Sunday

Joey Barton has to be restrained after his red card against Manchester City on Sunday

PA Wire/Press Association Images

Barton may face consequences for ‘assault outside of the game,’ according to leading sports lawyer

QPR may be in a position to terminate captain Joey Barton’s contract on the grounds of gross misconduct for his actions following his sending-off against Manchester City last weekend, a leading sports law specialist has confirmed.

Barton has accepted one charge of violent conduct against Sergio Aguero, who he kicked after being dismissed for an elbow on Carlos Tevez, but denies a second for a confrontation with Vincent Kompany.

The 29-year-old is facing a ban from the Football Association which could run into double figures from the start of next season.

QPR announced earlier this week that they will conduct an internal investigation into Barton’s dismissal and his subsequent conduct in Sunday’s final game of the Premier League season.

Jamie Singer, of Onside Law, told London24 that the midfielder’s action against Aguero, which fell outside of the referee’s jurisdiction, could be classed as gross misconduct.

“The fact that there was an elbow to the throat [on Tevez], and then an un-provoked attack afterwards, two incidents, that might lead the club to see it as gross misconduct,” said Singer.

“Depending on the terms of his contract there tends to be a two-tier approach. If something is “normal” misconduct then the disciplinary process may lead to a fine or suspension.

“However, if the behaviour is so serious as to be deemed gross misconduct then you may be able to terminate just based on that one event. It depends on what is in his contract.

“Regarding the incident with Sergio Aguero, I think that there is a distinction that you can draw. “Inevitably in football there are fouls and sendings-off but it would be very rare for a field of play incident to be so serious as to constitute gross misconduct.

“But after he was sent off his behaviour is no longer a “field of play” issue and he can no longer claim it was heat of the moment or part of the game. Outside of the game, he’s assaulted Aguero, un-provoked. So that is where I think the club could have an argument to terminate his contract for gross misconduct, if they wanted to.”

Singer said the incident was comparable with Manchester United striker Eric Cantona’s ‘kung-fu kick’ on a Crystal Palace fan at Selhurst Park in January 1995, for which Cantona was given an eight-month ban but was allowed to remain at the club. As with Cantona, the assault was aggravated by the fact that it took place after the player had been sent off.

Follow me on Twitter @QPRTimes

Related articles

Latest Stories from SNAP.PA

Blood Sport is a controversial blood donation and video gaming hybrid on crowd-funding host Kickstarter.

Read more

£300 a day sounds like a pretty good allowance – but this guy was claiming it without doing ANY work.

Read more

Protests have taken place in 170 cities across the US since news broke that Darren Wilson, Mike Brown’s killer, won’t face charges.

Read more

Promoted content

Gamucci is a global leader and premier brand of electronic cigarettes

Gamucci has an electronic cigarette tailored for every need. We have a range of both disposable and rechargeable electronic cigarettes suitable for all adult smokers. And for a limited time, some great discounts.

Money saving Christmas gifts to add to your shopping list!

It’s nearly time to go on the hunt for Christmas presents, stuck on what to get for your nearest and dearest? We’ve picked out a selection of great deals to get you started and to help you save some pennies!

TOP STORIES

Quizzes

Can you name these moustaches?

Movember is upon us once again and men across the country are growing moustaches to raise money to battle prostate cancer.

Read more
Arsene Wenger and Jose Mourinho go head to head (Photo by Shaun Botterill/Getty Images)

Football managers are either deified or chastised, depending on results and they are some of the most famous faces in the country.

Read more
Roy Keane  (Photo by Dean Mouhtaropoulos/Getty Images)

Roy Keane denied the world of more glorious beard action this weekend by shaving his famous chin hair off, however football is still littered with some impressive beards.

Read more
QPR's Loftus Road home. Picture: Ker Robertson/ALLSPORT

Prove your QPR knowledge with our brand new R’s history quiz.

Read more

QPR Transfer News

Wednesday, November 26, 2014
Jackson Martinez. (Photo by Christopher Lee/Getty Images)

Here is a round-up of the best transfer stories from around the web this morning:

Read more
Tuesday, November 25, 2014
Arsenal's Jack Wilshere reacts after suffering an injury. Picture: Mike Egerton/PA Wire.

Arsenal midfielder Jack Wilshere will see a specialist this week to assess his ankle injury.

Read more
Tuesday, November 25, 2014
QPR midfielder Sandro

QPR midfielder Sandro will miss up to two months of football due to a knee injury.

Read more
Monday, November 24, 2014
Joe Ledley played a vital role in Palace's win over Liverpool (Photo by Steve Bardens/Getty Images)

Another weekend has passed and we were offered more thrils and spills in the world of sport. Here are our top 15 pictures from the weekend.

Read more