Martinez was announced as David Moyes' successor at Goodison Park on Wednesday, signing a four-year contract following talks with chairman Bill Kenwright.

However, although some clubs demand outgoing managers to sign agreements not to return for players, Whelan has made it clear that no such clause is in place for the Spaniard. 

"There is no agreement for Roberto not to sign our players. It is unfair and I don't believe in anything like that," he said. 

"If Everton want to sign any of our players for the right amount of money we will consider it. 

"We have to face every single thing that relegation presents us. It is normally the case certain players want to play in the Premier League and I can't blame them for that.

"Players sign contracts but sometimes one or two want to leave and it is difficult to stop them. Players are players and I believe in freedom in football.

"But we have a lot of players who are loyal to Wigan Athletic so we will just wait and see." 

Whelan's current focus is replacing Martinez so the club can re-group ahead of their Championship campaign. 

He said: "It has got to be sorted out over the next nine or 10 days. We have got to get on. The Championship starts sooner than the Premier League and we have got a lot of games."