Unfortunately, acts and issues of discrimination and misconducts in sport are still prevalent. When they arise, the consequences can be far reaching in terms of the damage at the time of the act and after the event.
Under the Equality Act 2010, it is unlawful to discriminate based on any of the nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage
- Pregnancy/maternity
- Race
- Religion
- Sex
- Sexual orientation
An employer must not discriminate against applicants or employees. One of the most high profile claims of this nature was the sex discrimination claim made by Chelsea Football Club’s former doctor, Eva Carneiro, in 2016 against the club and the former manager Jose Mourinho.
There are typically four types of prohibited conduct under the Equality act – being:
- Direct discrimination – when one person treats another less favourably on the grounds of a protected characteristic;
- Indirect discrimination – where there is a measure, requirement or treatment applied to everyone, however its impact is felt by way of disadvantage to a group with a specific protected characteristic;
- Harassment – occurs when a person engages in unwanted conduct related to a protected characteristic and the conduct has the purpose or effect of violating another person’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment; and
- Victimisation – where a person responds to another and subjects them to a detriment because the other person did a protected act, or the other person believes they have done such an act, for example raising a complaint concerning some form of discrimination.
Sporting governing bodies consider discriminatory acts taken by one participant against another or others to constitute “misconduct”. Most sporting governing bodies provide for powers to deal with such misconduct and often in the form of the commencement of a disciplinary investigation, proceedings and ultimately by way of sanction, as set out within the set of rules and regulations applicable to the sport.
Depending on the sport and the rules in force, some sports associations and governing bodies require disclosure and reporting of suspected acts of misconduct. For example, under the FA’s Rule E14, participants must report suspected acts of misconduct to the FA or affiliated bodies. However, pursuant to Rule E15 this requirement is qualified by the condition that reports must not be made if they are of a frivolous or vexatious nature.
The decisions of sporting governing bodies are open to challenge for various reasons including following a detailed review of evidence, and in circumstances if / where they have not been made within a procedurally fair process, if irrelevant considerations have been taken into account, or where the sanction is disproportionate and unreasonable.
How can Moore Barlow help
Moore Barlow Sports lawyers have extensive experience acting for clients involved in disciplinary processes and proceedings brought by sports associations and governing bodies involving allegations of discrimination and misconduct. We have acted for clients across multiple different sports in this regard including football, gymnastics and polo. We have a strong understanding of various governing body rules, powers and processes relating to action which might be taken in respect of such matters such that we are able to add considerable value and reassurance in guiding clients through such processes.
Image by – Biser Todorov – Creative Commons Attribution-Share Alike 4.0 International
