Profit & sustainability in the EFL: decisions against Sheffield Wednesday, Wigan & Birmingham

The English Football League (EFL) has recently published disciplinary decisions, two of which resulted in points deductions.  In one case (Sheffield Wednesday), the points deduction was suspended until the start of next season, 2020-21. In another (Wigan) the points deduction took effect from the end of last season, 2019-20, resulting in that club’s relegation. In another case again (Birmingham City), a reprimand only was given.  In a decision yet to be published (Macclesfield Town[1]), a points deduction took effect in the 2019-20 season, resulting in that club’s immediate relegation.

This article by John Mehrzad QC and Bianca Balmelli of Littleton’s Sports Law Group will explain the context of the three recently published disciplinary decisions.  It will demonstrate that:

1. timing of bringing charges under the EFL Regulations and the Profitability & Sustainability (P&S) Rules;
2. the seriousness of their breach; and
3. any subsequent compliance may influence not only the extent of any sporting sanctions but also when those sanctions may take effect.