We have often wondered if employment law applies in the world of high profile sports stars such as footballers. According to a recent Law Society Gazette article, the growing practice of managers criticising players in post-match media interviews raises the question: do these actions potentially breach the terms of the footballer’s contract of employment with the club?
In the normal workplace situation, making derogatory comments about an employee in public could be considered to be a repudiatory breach of contract and allow them to claim constructive dismissal at an employment tribunal. However, the fact that the football industry doesn’t exactly lend itself to normal employee/employer relationships has meant that there have been few cases to test the principle.
However, in the case of Barea v Neuchatel Xamax, Barea (a Swiss Super League footballer) successfully claimed constructive dismissal and was rewarded compensation. The club’s head coach had described Barea as an ‘idiot’ and a ‘traitor’ in an interview following a game in which Barea had refused to follow his manager’s instructions in terms of tactics. The footballer was then excluded from contact with the first team and was ordered to train with the under-21 squad.
At the tribunal, it emerged that this was the first time that Barea hadn’t followed instructions in his five years with the club. The tribunal agreed that the employer’s actions had been out of proportion and had affected the saleability and career prospects of the footballer.
It’s fair to say that disputes such as these in the football world are very rare. In the top leagues, the level of pay that footballers enjoy and their tendency to request a transfer if relationships sour means that level heads will probably prevail. However, as one can see from the above case, all it takes is an angry manager who over-reacts to jeapordise the trust and confidence that should exist between employer and employee.
You can read the full article here: Footballers and employment law.
