Saracens escaped 70-point hit for salary-cap breach
Owen Slot, Chief Rugby Correspondent
Saracens were very nearly handed a 70-point deduction for breaking the salary cap, which would almost certainly have relegated them. They were saved by Premiership Rugby’s regulations allowing for discretion in cases where such a harsh penalty may not be “in the spirit” of the competition.
The club are meanwhile bowing to pressure to comply with the salary-cap regulations and, after the news that Liam Williams is likely never to play for them again, a number of other players have been approached about leaving by the end of the month, and George Kruis, the England and British & Irish Lions lock, may move at the end of the season.
Saracens were handed a 35-point deduction for breaching salary-cap rules, which is the maximum sanction that can be applied for breaking the cap in a single season. However, the club were found to be in breach in three consecutive seasons and in two of those they were so far over the cap that they triggered the maximum 35-point penalty.
The judgment was reached by an independent panel appointed by the Sports Resolutions dispute-resolution service and led by Lord Dyson. The panel agreed that for two seasons — 2016-17 and 2018-19 — the club were more than £650,000 over the cap, which is set at £7 million. That figure is the threshold that triggers a 35-point deduction. The panel considered that, by adding the two 35-point penalties together, Saracens should be deducted 70 points.
However, regulation 14.2 of the Premiership Rugby rules allows a disciplinary panel to exercise discretion in cases where it deems that a penalty “would lead to the club being unfairly punished . . . or would lead to a result not within the spirit and underlying purpose of the regulations”.
The panel therefore decided that rather than being added together, the two 35-point penalties should run concurrently.
Saracens have been put under huge pressure by the other Gallagher Premiership clubs to fall into line with regards to being under the cap this season. They have also been in regular discussion with Premiership Rugby, the competition governing body, which is watching closely to see that they do so.
In an attempt to bring down the total spend on wages this season, Williams, the Wales and British & Irish Lions full back, will probably leave the club by the end of the month. It is highly unusual for a player to switch clubs mid-season.
Saracens are also in talks with Calum Clark, Michael Rhodes and Juan Figallo, who could also leave the club before the end of the season. It looks likely that one or more of those three will be off the club’s books by January 31.
Figallo and Rhodes are 31 and 32 respectively, they are injured and unlikely to be fit again in the short-term and therefore unlikely to be a huge loss to the club this season. They are also both out of contract at the end of the campaign. They have been approached because they may be partial to an offer of an early exit.
Clark has been a bit-part player ever since he arrived at Allianz Park two and a half seasons ago. He is 30 and would probably be less enthusiastic about a deal to come off the books. A loan deal with another club would no doubt be preferable to him but Saracens have received no such approach.
However, the possible exit of Kruis strikes a different note altogether. For the past decade, Saracens have managed to hold on to their best players. Kruis is 29 years old so there is at least one more contract left in him. Saracens have a rising star in the second row in 20-year-old Joel Kpoku. In the past, Saracens would have looked to keep Kpoku and Kruis. Now they are more likely to make a decision on which one to keep and the younger player on a smaller salary would be the player more likely to stay.
A spokesman for Premiership Rugby said: “The regulations, as agreed by all clubs, require an independent disciplinary panel to determine an appropriate and proportionate sanction in the event of a breach. Premiership Rugby fully respects the decision of the panel in the Saracens case and we have shared the judgment with other clubs.”
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