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.[1]
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.
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- Tags: Coronavirus | COVID-19 | Dispute Resolution | Employment | Employment Rights Act 1996 | Football | Health | Participation | Rugby | Safety | UK
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Written by
John Mehrzad KC
John Mehrzad KC is a Barrister at Fountain Court Chambers specialising in sports law, employment and commercial disputes, across the fields of litigation, domestic and international arbitration as well as cross-border matters.
He was appointed as a silk after only 12 full years’ practice – the fastest barrister appointee of the 2019 competition. More recently, he was listed in The Lawyer’s “Hot 100 2023”, and he has been described in the legal directories as “exceptional and a true heavyweight in his field” with the recommendation that “if you want to win – you want him on your side before the opposition snaps him up”. He was nominated as ‘Sports Law Silk of the Year’ by The Legal 500 in 2022 and 2023.
Joseph Bryan
Joseph Bryan is a junior barrister specialising in sports, employment and commercial law. He practises from Littleton Chambers, where he is a member of the Sports Law Group. His sports-related practice includes advising and representing clients in proceedings in the IAAF Disciplinary Tribunal, the National Anti-Doping Panel and the Court of Arbitration for Sport, as well as in arbitrations and civil litigation. He sits as a chair of the FA’s National Serious Case Panel and is a member of Sport Resolutions’ Panel.
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