Post by Macmoish on Jul 15, 2013 10:02:29 GMT
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Law in Sport
Blogs Blackstone Chambers
A lot of Wonga at stake
on Monday, 15 July 2013. Written By Nick De Marco
Papiss Cisse
Papiss Cisse’s dispute with Newcastle United Football Club about wearing the official shirt sponsor’s logo raises some important questions for sports lawyers, writes Nick De Marco of Blackstone Chambers in his latest blog post.
Cisse, a Muslim, objects on religious grounds to advertising Wonga, the pay-day loan company and Newcastle’s new official sponsor. Many Muslims have religious objections to usury and some believe that they are not allowed under by their religion to promote and benefit from the charging of interest on loans, which wearing a shirt advertising Wonga arguably does.
Cisse, like Newcastle’s other Muslim and non-Muslim players, is of course contractually bound to wear the Club’s official team kit including the logo promoting the sponsor. Most footballer’s contracts also require players to promote the sponsor in other ways as well, for example by the player agreeing to have his image, wearing the sponsor’s logo, exploited and utilised by the Club in connection with the sponsor as they see fit.
But discrimination law applies to football players as it does to all employees, and the requirement on a practising Muslim to promote a business that profits from usury would appear to be indirect discrimination on grounds of religion or belief. Such a requirement might be objectively justified if Newcastle could show that it was pursuant to a legitimate aim and was proportionate.
It is not clear how a court or employment tribunal would approach this question, in particular since Cisse has apparently made offers to wear a charity branded Newcastle shirt as an alternative. However, it is unlikely a football club could just say that it was entitled to make whatever commercial arrangements it sought fit and the courts cannot interfere.
What makes Cisse’s dispute more important is the fact that there are, allegedly, other players who may share the same objections on grounds of their belief and because of the possibility that players will be subjected to a detriment if they refuse to wear the shirt with the sponsors name. Cisse has himself already been subject to a campaign of abuse by the English Defence League on social networking sites, and whilst the football club has apparently taken steps to support him in that regard, recent reports suggest he has been told by Newcastle to train separately from all of the other players for as long as his objections to the shirt sponsor remain.
If this is correct, or if other steps are taken against players who refuse to comply with a requirement which may be discriminatory, there is a risk that the football club employing such players will be in breach of its contract. Whilst not every breach of a statutory right will amount to a breach of the implied term of trust and confidence in an employment contract, a serious or persistent breach of discrimination law is capable of being such a breach (see, eg Shaw v. CCL Ltd [2008] IRLR 284, see paras [14] – [15]).
This would make such disputes far more financially significant. If the requirement on Cisse to wear a shirt with Wonga’s name on it was indirect discrimination on grounds of his religion he might only be entitled to a payment of compensation for injury to his feelings, which is likely to be a fraction of his weekly wage. If, on the other hand, a football club took steps that entitled a player of Cisse’s standing to claim constructive dismissal, for example, the financial consequence to the Club could run into millions of pounds, or to put it another way, a lot of ‘wonga’.
Author
Nick De Marco
Nick De Marco
Nick is recognized as a leading junior in the field of sports law. He was described as a “go-to junior on any football regulatory issue” (CHAMBERS UK 2013) and has advised and acted for a number of sporting organisations in commercial claims and disputes, disciplinary, selection and doping disputes, and employment related claims. He is also an expert in football finance and third party interests (having been involved in all the 3rd party cases in England).
His clients have included UK Sport, UK Anti-Doping, the Lawn Tennis Association, the British Board of Boxing Control, the Professional Footballer’s Association, The England & Wales Cricket Board, the Rugby Football Union, The Welsh Rugby Union, The Ryder Cup Limited, Epsom Downs and Royal Ascot Racecourses, Jogathon, UK Athletics, the Football Conference and the World Professional Billiards and Snooker Association; Aston Villa, Birmingham City, Blackburn Rovers, Bolton Wanderers, Fulham, Manchester City, Queens Park Rangers, Wolverhampton Wanderers, West Ham United, Middlesborough, Swindon Town, Orient, Rotherham United, Yeovill Town, Southend United, and Salisbury City; Bristol Rugby Club, Birmingham & Solihull Rugby Club and a number of professional Rugby players; a number of Football players and agents including: Joey Barton, Andre Arshavin, Jimmy Bullard, Andrew Cole, Gabriel Heinze, Adrian Mutu, John Obi Mikel, Marcel Siep and Marcus Stewart; the Lotus Renault Formula 1 team, former F1 racing driver Narain Karthikiyan and team Principal Dr Colin Kolles; as well as various international tennis stars, those involved in horseracing, and other athletes.
www.lawinsport.com/blog/blackstone-chambers/item/a-lot-of-wonga-at-stake?utm_source=Twitter&utm_medium=Tweet&utm_campaign=ArielAnnoucement
Law in Sport
Blogs Blackstone Chambers
A lot of Wonga at stake
on Monday, 15 July 2013. Written By Nick De Marco
Papiss Cisse
Papiss Cisse’s dispute with Newcastle United Football Club about wearing the official shirt sponsor’s logo raises some important questions for sports lawyers, writes Nick De Marco of Blackstone Chambers in his latest blog post.
Cisse, a Muslim, objects on religious grounds to advertising Wonga, the pay-day loan company and Newcastle’s new official sponsor. Many Muslims have religious objections to usury and some believe that they are not allowed under by their religion to promote and benefit from the charging of interest on loans, which wearing a shirt advertising Wonga arguably does.
Cisse, like Newcastle’s other Muslim and non-Muslim players, is of course contractually bound to wear the Club’s official team kit including the logo promoting the sponsor. Most footballer’s contracts also require players to promote the sponsor in other ways as well, for example by the player agreeing to have his image, wearing the sponsor’s logo, exploited and utilised by the Club in connection with the sponsor as they see fit.
But discrimination law applies to football players as it does to all employees, and the requirement on a practising Muslim to promote a business that profits from usury would appear to be indirect discrimination on grounds of religion or belief. Such a requirement might be objectively justified if Newcastle could show that it was pursuant to a legitimate aim and was proportionate.
It is not clear how a court or employment tribunal would approach this question, in particular since Cisse has apparently made offers to wear a charity branded Newcastle shirt as an alternative. However, it is unlikely a football club could just say that it was entitled to make whatever commercial arrangements it sought fit and the courts cannot interfere.
What makes Cisse’s dispute more important is the fact that there are, allegedly, other players who may share the same objections on grounds of their belief and because of the possibility that players will be subjected to a detriment if they refuse to wear the shirt with the sponsors name. Cisse has himself already been subject to a campaign of abuse by the English Defence League on social networking sites, and whilst the football club has apparently taken steps to support him in that regard, recent reports suggest he has been told by Newcastle to train separately from all of the other players for as long as his objections to the shirt sponsor remain.
If this is correct, or if other steps are taken against players who refuse to comply with a requirement which may be discriminatory, there is a risk that the football club employing such players will be in breach of its contract. Whilst not every breach of a statutory right will amount to a breach of the implied term of trust and confidence in an employment contract, a serious or persistent breach of discrimination law is capable of being such a breach (see, eg Shaw v. CCL Ltd [2008] IRLR 284, see paras [14] – [15]).
This would make such disputes far more financially significant. If the requirement on Cisse to wear a shirt with Wonga’s name on it was indirect discrimination on grounds of his religion he might only be entitled to a payment of compensation for injury to his feelings, which is likely to be a fraction of his weekly wage. If, on the other hand, a football club took steps that entitled a player of Cisse’s standing to claim constructive dismissal, for example, the financial consequence to the Club could run into millions of pounds, or to put it another way, a lot of ‘wonga’.
Author
Nick De Marco
Nick De Marco
Nick is recognized as a leading junior in the field of sports law. He was described as a “go-to junior on any football regulatory issue” (CHAMBERS UK 2013) and has advised and acted for a number of sporting organisations in commercial claims and disputes, disciplinary, selection and doping disputes, and employment related claims. He is also an expert in football finance and third party interests (having been involved in all the 3rd party cases in England).
His clients have included UK Sport, UK Anti-Doping, the Lawn Tennis Association, the British Board of Boxing Control, the Professional Footballer’s Association, The England & Wales Cricket Board, the Rugby Football Union, The Welsh Rugby Union, The Ryder Cup Limited, Epsom Downs and Royal Ascot Racecourses, Jogathon, UK Athletics, the Football Conference and the World Professional Billiards and Snooker Association; Aston Villa, Birmingham City, Blackburn Rovers, Bolton Wanderers, Fulham, Manchester City, Queens Park Rangers, Wolverhampton Wanderers, West Ham United, Middlesborough, Swindon Town, Orient, Rotherham United, Yeovill Town, Southend United, and Salisbury City; Bristol Rugby Club, Birmingham & Solihull Rugby Club and a number of professional Rugby players; a number of Football players and agents including: Joey Barton, Andre Arshavin, Jimmy Bullard, Andrew Cole, Gabriel Heinze, Adrian Mutu, John Obi Mikel, Marcel Siep and Marcus Stewart; the Lotus Renault Formula 1 team, former F1 racing driver Narain Karthikiyan and team Principal Dr Colin Kolles; as well as various international tennis stars, those involved in horseracing, and other athletes.
www.lawinsport.com/blog/blackstone-chambers/item/a-lot-of-wonga-at-stake?utm_source=Twitter&utm_medium=Tweet&utm_campaign=ArielAnnoucement
