(The Telegraph) The England and Wales Cricket Board will face the prospect of a £1?million legal action from Kevin Pietersen if he is not offered a new central contract by the end of this week.
Pietersen has been advised he has strong grounds to bring an action for unfair dismissal and breach of contract against the ECB if his central contract is not renewed when it expires on Sept 30.
The legal advice strengthens Pietersen’s position with England, although gaining a central contract will not necessarily guarantee him a place in Andy Flower’s side, with the coach one of the main obstacles to him resuming his international career.
The awarding of a central contract will be portrayed as a positive step but in reality it appears the board have little choice. Pietersen is believed to be bullish about his position and the fact that his reputation has been shredded already makes him less likely to back away from a legal fight.
The legal ramifications have added to the delicate nature of negotiations between Pietersen and the board, which were stepped up this week when Giles Clarke, the chairman of the ECB, arrived in Sri Lanka where Pietersen is working as a television commentator.
After service longer than 12 months, contracted staff are considered full-time employees in the eyes of the law. Pietersen has been centrally contracted by the ECB for six years and the failure to renew a fixed-term contract is technically dismissal by his employer.