Are Footballers Employees of Clubs?

INTRODUCTION

The definition of ‘Employment’ and an ‘Employer – Employee relationship’ is one that has puzzled most commentators to the extent that there have been growing calls for shelving of the entire distinction between an ‘Employee’ and an ‘Independent Contractor’ through a broad understanding of ‘Employment’.

The question of whether a footballer could be considered an employee of the club he plays for is a tricky one enmeshed in a number of technical intricacies, such as the distinction in the nature of a ‘contract of service’ and a ‘contract for service’. Given that a fair amount of murkiness surrounds the understanding of the ‘normal’ constitution of a relationship of ‘Employment’, an even greater uncertainty is expected when an anomalous relationship such as that between a footballer and his club are considered .

Through the course of this article, the author aims to arrive at a considerably clearer stance regarding the exclusive relationship between these two entities. In doing so, the author relies on Guy Davidov’s understanding of what kind of a definition truly befits the enigma that is an ‘Employment relationship’, and how exactly is it that a footballer’s activities would fall under a ‘contract of service’ rather than a ‘contract for service’. For this purpose the author shall also analyse the understanding of an Employment relationship under various complementary branches of the law and try to arrive at a suitable definition that adequately addresses the major concerns of all such branches.

Once this concern of a single broad understanding of ‘Employment’ is addressed, the author would look to provide reference to some of the case law and legal thought that has emerged in the field of sport in general and foo...

... middle of paper ...

...6 EAT

Gardiner, op. cit. p. 491 – 493; and DG Jones and AB Smith, Law and the Business of Sport, Butterworths, London, 1997, p. 173-177.

Gardiner, op. cit., p. 369

Blanpain, op. cit., p. 90.

FIFA, Commentary on the Regulations for the Status of Transfer and Players , available at

.

Id. and Anonymous, ‘Club-vs.-country dispute in football; questions regarding liability for player injuries whilst on international duty’, viewed on 20th Feb 2011,

< http://www.law.ed.ac.uk/courses/blogs/sportandthelaw/blogentry.aspx?blogentryref=8430#_ftn2>.

J Palmer, ‘FA to compensate Liverpool for Gerrard injury’, modified on 19th Nov, 2010, viewed on 18th Feb, 2011,

< http://uk.reuters.com/article/2010/11/19/uk-soccer-england-gerrard-idUKTRE6AI25N20101119>.