In addition to advising on all general employment and HR issues for sports clubs, such as disciplinary and grievance issues, tribunals/litigation, policy implementation, settlement agreements and the like, we have significant sport-specific credentials.
We have successfully negotiated a significant number of manager and coaching staff contracts, where special attention is required in relation to early termination provisions and buy-out clauses, post-termination restrictions, bonuses, image rights, confidentiality and the protection of, and damage to, reputation.
We’ve advised on a number of high-profile exits, be they buy-out or release fee circumstances, or contentious cases, including in relation to breaches of contract, gross misconduct and actions ‘outside of work’ which impact the reputation of the sports club.
While many of these come on a standard form, important provisions are left to be inserted ‘free hand’, such as salary, bonuses, contingency payments, and (supplementary) image rights.
Whether you’re a club, player or agent, we ensure such provisions are tightly and clearly drafted so you know exactly where you stand.
For example, would a match bonus be payable if a player makes a cameo appearance in a match? Would a league bonus be payable if a player misses a large proportion of the season, or is on loan? What if they leave the club before payment is due?
Team bonus schemes are similarly important. Any team bonus pot should clearly specify how entitlement proportions are calculated. For example, is playing in certain matches worth more, and does stoppage time or extra time count towards minutes played? Does the sporting director or manager exercise any discretion over the amount of any payments?
Similar considerations need to be given to contingency payments.
We also have experience handling player disciplinary matters, from the mundane to the serious, including in relation to allegations of institutional racism and sexual harassment.
We can draft templates, review your existing templates to ensure they are up to standard, and draft bespoke contracts to cater for all possible types of employment, be they the head of operations, a data analyst or a match-day steward.
We support our Commercial team with TUPE and other employee-related drafting in commercial contracts, such as stadium and training ground catering, stewarding and security, maintenance and retail.
Comment & Opinion
18th September 2024