Hitting the headlines…

Sports Law stories in the news that raised our eyebrows this month…

FFP: Squad cost and top-to-bottom anchoring rules – The Premier League is trialling two new sets of financial sustainability rules (on a non-binding basis) for the 2024/25 season (with a view to them being formally implemented next season). The new measures look to tackle the sustainability issue by controlling squad costs and will run alongside the existing profit and sustainability rules.

Read more on the Premier League website here.

The Independent Regulator – The King’s Speech confirmed the re-introduction of the Bill to implement an independent regulator. If passed, a body which is independent of both government and the existing football authorities would oversee English football (England’s top five tiers of the pyramid).

BBC news explains more here.

Developments in the Women’s game – The issue of how rules and regulations in the Women’s Game should develop, and the extent to which they should differ from the Men’s Game, will continue this season and beyond. We discussed the new family leave rights earlier this year and it will be interesting to see how well they are utilised.

Read more in our comment and opinion article here.

Gambling sponsorships – A ban on such sponsorship agreements for front of shirt deals is set to come in from the 25/26 season. In the more immediate term, however, the Premier League, English Football League and Women’s Super League have agreed to a voluntary Code of Conduct, to address which gambling companies they contract with and where such logos should be displayed around the stadium (with one of the aims being to protect children from viewing them).

Find out more in The Guardian here.

Your questions, answered

Charlotte Smith, Partner, Sports Law

Q:When it comes to the individual rights of players, coaching staff, and other key individuals at football clubs, how do clubs balance the demands of the game against compliance with laws?

Players, coaching staff and senior leaders are often considered ‘assets’, which is of course true in the sense of the value they bring to the game. However, they also have important employment rights and protections, which are only going to be strengthened by the government’s latest proposals, including the day one right to not be unfairly dismissed, increased rights to work flexibly, the ‘right to disconnect’ outside of working hours, and strengthened rights for trade unions (which of course includes the PFA and LMA).

Individuals at football clubs tend to want to work hard for their love of the game and that is of course fine, as long as appropriate measures and safeguards are in place, for example, in relation to working time, rest and both physical and mental wellbeing.

In terms of key tips for good employee relations management, clubs should ensure issues (whether that be complaints, grievances, performance or conduct matters or mental wellbeing concerns), are picked up quickly and dealt with, rather than being let lie in the hope they will resolve themselves. Such matters should be carefully documented. Good dialogue with trade unions, employee representative bodies and individual employees is also important.

There’s going to be much more emphasis on equal bargaining power and the way to implement new business decisions and strategies is to get your people on side. In all of this, as ever, communication is key.