Rafa’s lawyers warn Toon he won’t pay £6m exit fee

RAFA BENITEZ could walk away from Newcastle without paying a £6million severance fee because his lawyers believe he has a case for constructive dismissal. The Spaniard is managerless West Ham’s top target but he is still in talks with Newcastle over extending his stay at St James’ Park. He wants to carry on but, for that to happen, he has asked for guarantees over transfer budget and control. His camp are not denying interest in the West Ham job, but it is thought their preference is to negotiate the best terms to see Newcastle compete in the top half of the Premier League next season. However, Benitez’s lawyers do not think the clause which states he must pay a year’s salary if he breaks his contract is an obstacle to leaving the club. That is because they believe owner Mike Ashley has failed to keep promises made to the manager and could argue Benitez was left with no choice but to walk away from a deal which has 12 months left. It is likely that any club — such as West Ham — would be willing to pay the £6m compensation and so avoid a tribunal process. But it serves to highlight Benitez’s frustration that such a scenario has been discussed since last summer. West Ham could attempt to capitalise on the uncertainty surrounding Benitez’s future. They have also held talks with former Manchester City boss Manuel Pellegrini and Shakhtar Donetsk manager Paulo Fonseca, although the Portuguese signed a new two-year deal to stay in ukraine when West Ham failed to make him an offer. The Premier League club last night gave an update on their search. The statement read: ‘West Ham would like to assure fans that the board are extremely confident of appointing a high-calibre first-team manager, who has a proven record both in the Premier League and Benitez: Hammers link European football. The club expect to make an announcement within the next seven days, following a thorough and strategic process that has identified the best possible candidate.’ Joint-chairman David Sullivan said: ‘This is an exciting time for our club. We are preparing to appoint a manager who has a proven record of success at the highest level.’