News: Players' union seeks legal advice over RFU's warning letter to England squad

The letter – from Rugby Football Union (RFU) boss Francis Baron – has been sent to every single player within Martin Johnson’s Elite Player Squad (EPS), making clear that home-based players will be preferred to French-based stars.

The warning was drawn up after the triple signing of Wasps’ players James Haskell, Tom Palmer and Riki Flutey to play in Top 14 next season. The RFU has acted out of fear that more and more England stars could be tempted to France by the increased wages currently being offered.

Their concern was that it would take players outside the multi-million pound deal agreed between Guinness Premiership clubs and the EPS, but now the Professional Rugby Players’ Association (PRPA) has become involved.

Their interest in the RFU’s letter – and apparent threats – comes in light of confirmation that Stade Francais-bound Haskell is now having second thoughts, due to the perceived damage the move could do to his England prospects.

The highly regarded flanker, 23, missed out against France after being dropped to the bench in favour of Tom Croft – a situation that has been repeated for this weekend’s match against Scotland.

A report in The Times suggested Haskell’s decision to join Stade Francais had been partly behind his dropping to the bench, although Brive-bound Flutey retained his starting position and scored two tries.

But now Damian Hopley – head of the players’ union – has said it is investigating the contents of the letter with regards to its legal ramifications.

“We are taking legal advice,” he told the BBC. “The concern is that this becomes a restraint of trade.”

The letter apparently does not stipulate that players would be banned from selection for moving abroad, but warns that they could miss out on selection if the required EPS release periods are not included in their new club contracts.

It also warns that the England coaching team has no plans to go and watch players in France and that if there is a selection decision between an English-based player and one plying his trade in France then the former will get the nod.

“We were proactive in seeking legal advice once we found out about the letter,” said Hopley. “On the one hand the RFU says it’s fine for players to go to France, on the other that it would not be as attractive.”

But Hopley questioned why players should be penalised for a personal and professional decision. “You have to remember that it’s not just a financial decision for players to go, but also about lifestyle and experience,” he added.

There is only one France-based player currently in the England squad – Brive’s Andy Goode – but with Haskell, Flutey and Palmer all bound for the Top 14 next season it appears the RFU is keen to make some sort of stand.

Rumours that Jonny Wilkinson, Iain Balshaw and Ryan Lamb could also cross the Channel in the summer have clearly focused minds within the RFU, but whether the letter’s veiled threats will be enough to change players’ minds – or is in fact legal – remains to be seen.

Ben Cohen’s decision to return from Brive to play in the Premiership next season – to increase his international prospects – is being seen by some as the first victory in the RFU’s battle to retain its stars, but the likelihood is that Cohen’s decision will be an isolated “success” against a wave of other potential defections.

"I am looking forward to joining Sale Sharks in the summer and getting stuck into Premiership rugby again," said Cohen. "I am confident Sale have the players, coaches, management and support that will help me stake a claim to an international return next season," added the 57-times capped England winger.

Wilkinson was in Toulon at the weekend for talks with club president Mourad Boudjellal, although he still has one year remaining on his contract with current club Newcastle Falcons.

Steve Bates – Newcastle’s director of rugby – has remained bullish about the prospects of retaining Wilkinson despite all the recent speculation. This week he confirmed that he still expects the England star, who is currently injured, to remain at the Falcons.

“If Jonny or his advisers come to us with something concrete and say this is what’s happening then we take it from there,” said Bates. “But at the moment I am assuming that isn’t happening and that he will still be here next season.”