Can sports clubs compel players to return to play and waive health and safety liability?
As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.
This article by John Mehrzad QC and Joseph Bryan of the Littleton Sports Law Group discusses the legal consequences of clubs seeking to compel players to train or play and whether such ‘disclaimers’ are of any legal effect. Specifically, it:
- sets out relevant first principles of employment rights in the UK;
- suggests that players may be entitled to refuse to play or train due to Covid-19 concerns; and
- explains how waivers of liability for Covid-19-related personal injury or death are not enforceable.
Continue reading this article...
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: Coronavirus | COVID-19 | Dispute Resolution | Employment | Employment Rights Act 1996 | Football | Health | Participation | Rugby | Safety | UK
- COVID-19: ensuring participant & spectator safety as sports activities resume (UK guidance & legal duties)
- Covid-19: the challenges and opportunities facing Spain’s sports industry
- Sport, safety and participation – the year in review 2019/20
About the Author
John Mehrzad QC was appointed Silk after only 13 years’ practice – the fastest appointee in the 2019 competition. With a background in employment law and commercial law, his sports law at Littleton Chambers, London, practice focuses, on the one hand, on financial disputes between clubs, managers, players, intermediaries, associations and commercial partners – usually before FA, PL or EFL arbitrations, or before FIFA or the CAS.
Recent sports law instructions include:
- Drafting Particulars of Claim in a multi-million-pound football breach of contract claim.
- Representing an athlete charged with an Adverse Analytical Finding by the IAAF.
- Advising in a Rule K FA Arbitration.
- Representing a high-profile athlete in proceedings before the National Anti-Doping Panel.