Are Professional Athletes Employees?

Background to worker status

A number of cases have looked at worker status in recent years, focused mostly around the 'gig economy' with claims against companies including Uber and Deliveroo.

The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment.

The Good Work: Taylor Review of Modern Working Practices, published in July 2017, looked at the growing gig economy and considered the implications on worker rights and responsibilities, as well as on employer freedoms and obligations. This review led to the Good Work Plan, published by the UK Government in December 2018, which made a number of proposals designed to improve working conditions for those working in the gig economy and subject to uncertain employment rights.

Despite the widespread attention that this has received in the media and case law, we still do not have much clarity on worker status and whether individuals working in less traditional roles are entitled to worker or employee protections.

Are athletes workers?

Last year, the issue of employment status was brought to the attention of sports governing bodies when Jess Varnish raised a claim against British Cycling and UK Sport for unfair dismissal, sex discrimination, victimisation and unlawful detriment for making a protected disclosure after failing to qualify for the 2016 Rio Olympics and allegedly being told to "go and have a baby".

In order to hear the claims, the employment tribunal first had to determine whether Varnish was an employee or a worker of British Cycling or UK Sport. Varnish alleged that the high level of control the cycling governing body and UK Sport held over her indicated that there was an employment relationship. The relevant status (worker or employee) was important to this case because it dictates the rights that an individual is entitled to. Workers are protected against unlawful discrimination, victimisation and unlawful detriment for making a protected disclosure, but only employees are protected against unfair dismissal.

What is the difference between a worker and an employee?

There are different definitions of 'employee' across UK legislation. The Employment Rights Act 1996 defines an employee as "an individual who has entered into or works under a contract of employment", which is defined as "a contract of service or apprenticeship, whether express or implied, and whether oral or in writing"

A contract of service is not...