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Comment & Opinion

Women’s Sport at a Turning Point – Legal Risks and Opportunities

Perspectives from the “Shaping the Future of Women’s Sport” 2026 conference

Members of the Walker Morris Sport Group were at the conference on 9 June and share their thoughts and perspectives below on conversations and takeaways from the event.

Overview

Women’s sport is entering a critical phase of development. While growth in participation, audiences and investment is undeniable, speakers at the conference stressed that long-term success will depend on robust, women’s game-specific governance structures and continued momentum. Across governance, player welfare, commercial models and investment, there are significant legal and regulatory considerations which organisations and prospective investors must manage proactively.

Navigating regulations and governance

A central theme was that the rapid growth of women’s sport has outpaced existing regulatory frameworks. Many organisations have historically applied governance models developed for the men’s game, creating a misalignment with the structure, scale and needs of women’s competitions – but that is now changing.

The shift towards bespoke governance frameworks is positive but introduces legal complexity. Organisations must ensure that new regulations are applied, while still complying with broader legal obligations. For example, new FIFA regulations announced in March 2026 require every team in FIFA’s women’s football tournaments to have at least two female staff members on the bench. At least one of those must be the head coach or an assistant coach. While this move can be seen as broadly positive, clubs should remain mindful of existing laws under the Equality Act 2010 and ensure that positive discrimination is not used in order to meet these new quotas.

Encouragingly, increased diversity at board level appears to be improving governance outcomes for women’s sport, while cross-sport collaboration is helping to establish emerging best practice.

Player contracts, welfare and representation

While there has been a focus in recent years on improving benefits and protections (particularly in relation to maternity protections and menstrual health), salaries often remain low (at least outside the top leagues). Many athletes therefore continue to manage dual careers, which limits player mobility and progression across clubs and impacts player welfare.

In addition, some players are also still not treated as having ’employee’ status (for example, they may receive only expenses and be classed as volunteers). Where that is the case, there may be legal ambiguity regarding true employment status, which can impact rights relating to holiday pay, sick pay and pension contributions. Misclassification in this area could lead to damaging claims against clubs and wider-reaching retrospective financial liabilities.

While employment claims relating to the termination and non-renewal of player contracts have historically been limited, it would not be surprising if we see an increase in tribunal claims given the shifting legal landscape. The non-renewal of a fixed-term contract constitutes a dismissal for the purpose of employment law protections. Changes under the Employment Rights Act 2025 will from January 2027 shorten the qualifying period for unfair dismissal protection to six months’ service, bringing significantly more individuals in scope. To seek to reduce the risks, clubs must ensure that performance management, renewal decisions and termination processes are clearly documented, objective and consistently applied.

The issue of abuse, whether from fans or other third parties, also presents significant legal exposure. While abuse remains prevalent across both the men’s and women’s game, commentators cited a worrying number of instances of sexual harassment, and even threats of sexual violence, towards players and staff in the women’s game. Without clear policies, reporting mechanisms and safeguards in place, organisations risk failing in their duty of care. This may lead not only to legal claims, but also regulatory enforcement action and sponsor withdrawal.

Innovative commercial models

Fan engagement as a core aspect of commercial models is critical, with the audience of the women’s game consisting predominantly of women and girls (circa 90% was quoted at the conference). Centralised commercial models across the women’s and men’s teams can unlock scale and attract sponsors, but there is a plethora of issues to consider such as revenue sharing, intellectual property ownership, and contractual clarity between governing bodies, partners, leagues and clubs.

Good conversations took place at the conference about purpose-led partnerships in the women’s game, with many commentators of the view that partnerships should focus on shared values and measurable outcomes, which may in some cases be different to those in the men’s game. Regardless of the differences, sponsorship agreements must still include clear deliverables, performance metrics and termination rights. Without these, there is a risk of disputes over value delivery or early termination.

Investment, ownership and private capital

Women’s sport is increasingly attracting private investment, and we are seeing some women’s clubs sold as a separate business entity to be run independently from the men’s side of the club. Legal due diligence at an early stage in the process is essential. Investors are scrutinising governance structures, revenue models and legal compliance more closely than ever.

While lower entry costs are attracting new investors (which may include, for example, high net worth individuals), those investors are understandably still concerned with securing a longer-term return and will therefore be paying close attention to the future trajectory of the club. Where clubs have chosen to remain (at least for the time being) as a single business managing both their men’s and women’s operations, continued reliance on men’s sport for financial support may create uncertainty, particularly if funding arrangements are informal or not contractually secured.

Importantly, failure to plan strategically remains one of the most significant risks. There is an ongoing need to move away from treating women’s sport as an afterthought, and instead to plan strategically as failing to do so may result in women’s clubs or top player talent being lost unnecessarily. By way of example, we can look to the controversial decision in relation to Plymouth Argyle Women, who recently decided not to renew their women’s player contracts despite them having played their most successful season yet (Plymouth Argyle Women criticise club as players released – BBC Sport).

Summary

The growth of women’s sport presents both challenges and opportunities. Organisations that proactively address governance gaps, contractual risks and data deficiencies will be best placed to attract investment and sustain growth.

As highlighted by standout speaker, Gemma Fay of Scottish Rugby, success will not come from replicating existing models, but from building a system designed specifically for the women’s game: one that is legally robust, commercially credible and fit for the future.

Want to talk through the above points or have a query?

Contact any of our team who attended the conference: Charlotte SmithGeorgia CowenBryony FordRuth Jowett and Hannah Levy

Charlotte
Smith

Partner

Employment & Sport

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Georgia
Cowen

Senior Associate

Employment

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Ruth
Jowett

Senior Associate

Employment & Immigration

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Bryony
Ford

Associate

Regulatory & Compliance

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Hannah
Levy

Director

Real Estate

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