THE EMPLOYMENT RIGHTS ACT 2025 AND SPORT

 

The Employment Rights Act 2025 (the Act), which applies to Great Britain, that is, England, Wales and Scotland, but not to Northern Ireland, which has its own employment legislation, comes into force, in stages, this year and next, contains some new rules of particular relevance to the sports sector.

The aim of the Act is to strengthen and extend the employment rights of employees.

From 30 October 2026, employers are legally required to take “all reasonable steps” to prevent harassment of their employees by third parties during the course of their employment.

Any employer that fails to do so will be regarded as having “permitted” the harassment and, therefore, liable to pay compensation to the employee concerned.

Harassment is defined in section 26 of the Equality Act 2010 as follows:

“(1) A person (A) harasses another (B) if—

(a) A engages in unwanted conduct related to a relevant protected characteristic, and

(b) the conduct has the purpose or effect of—

• violating B’s dignity, or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(2) A also harasses B if—

(a) A engages in unwanted conduct of a sexual nature, and

(b) the conduct has the purpose or effect referred to in subsection (1)(b).

(3) A also harasses B if—

(a) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,

(b) the conduct has the purpose or effect referred to in subsection (1)(b), and

(c) because of B’s rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.

(4) In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—

(a) the perception of B;

(b) the other circumstances of the case;

(c) whether it is reasonable for the conduct to have that effect.

(5) The relevant protected characteristics are—

• age;
• disability;
• gender reassignment;
• race;
• religion or belief;
• sex;
• sexual orientation.”

Harassment is a major and growing problem in football – on and offline – at the professional and grass roots levels, especially in the English Premier League (EPL) and the Women’s Super League (WSL).

From 1 January 2027, the limit on compensation for unfair dismissal, which is currently the lower of £123,543 (around Sw. Frs. 136,387) or 52 weeks’ gross pay, will no longer apply.

Also, from the same date, the qualifying period of employment for an employee to be eligible to claim unfair dismissal will be reduced from two years to six months.

Both these changes may result in more claims being brought by players in the EPL and the WSL under the Act in the Employment Tribunal.

For further information and advice, email our International Sports Law Consultant, Prof Dr Ian Blackshaw, at blackshaw@valloni.ch.