Professional sport and bullying – lessons from the ECB and Kevin Pietersen affair
On 9 October 2014, after a six-month wait while bound by the confidentiality provisions of a settlement agreement1, Kevin Pietersen published his autobiography2.
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- Tags: Bullying | Cricket | Employment Law | Employment Rights Act 1996 | England | England and Wales Cricket Board (ECB) | Equality Act 2010 | United Kingdom (UK)
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Written by
Charlotte Davies
Charlotte is an active member of the Littleton Chambers Sports Law group. She has been instructed in variety of sports law disputes including an internal matter for a Football League club and a claim by an agent against a professional boxer.
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Rodrigo Milano Alberto
Dear Mrs. Charlotte, your article is really interesting. In a brazilian labor law perspective, which is my speciality, the law follow almost the same reasoning but it is necessary to apply in the first bad behavior of the employee a warning and, in the second, a suspension without work for a few days. So, if the behavior is continuous is possible now to apply a dismissal with fair cause. The burden of proof belongs to employer in this case and it is hard to proof, because the labor court require to prove not only with documents but also and especially with witness. In other side, in the case of bullying, if the employee bring only one witness, with striking testimony, the employer will probable condemned. The employee do not need to wait two years.
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