Views Football Disputes
This article will offer guidance to Premier League football players in England on the various mechanisms available to them for resolving football-related disputes.
The relevant dispute resolution procedures can be found in the Premier League Rules 2021/22 (the “PL Rules”), The FA Rules 2022/23 (the “FA Rules”) and the standard Premier League Contract (the “PL Contract”).Those players competing in UEFA competitions are also subject to the UEFA Disciplinary Regulations.
Premier League players may become involved in various types of dispute. Broadly, there are three types of dispute: (i) employment-related disputes; (ii) disciplinary disputes; and (iii) “other” disputes. We consider each in turn.
Generally, football-related disputes are dealt with by way of arbitration or specialist tribunals and will rarely end up before national courts. The latter therefore fall outside the scope of this article.
1. EMPLOYMENT-RELATED DISPUTES
Employment-related disputes are those which arise between players and their clubs (i.e., their employers). These might include, for example, disagreements over the club’s treatment of the Player, payment, or termination.
a) Grievance and Disciplinary Procedures
If a player is unhappy with his club, it will often be advisable for players to first follow the Grievance Procedure set out in the PL Contract, under which a player is entitled to have “any grievance in connection with his employment” heard.
The Grievance Procedure dictates that a dissatisfied player should, in the first instance, bring his concerns to the attention of his manager, informally, who will make enquiries and reach a decision. If the player is not satisfied with the outcome, he may serve a formal notice of grievance on the club secretary, and it will then be determined by the club’s Chairman or board.
Where the disagreement between a player and his club is relatively minor, the Grievance Procedure, and in particular its informal first stage, is likely to be the most efficient method of resolving the dispute and avoids the more adversarial procedures described below.
Conversely, a club can take internal disciplinary action against a player under the Disciplinary Procedure set out in the PL Contract, where they consider him to have breached the PL Contract or the PL Rules.
A player can appeal any internal disciplinary sanction to the club’s board of directors and, if still dissatisfied, any sanction in excess of an oral warning can be appealed to the Chairman of the Premier League Judicial Panel.Both clubs and players then have a final right of appeal to the Premier League Appeals Committee, whose decision is final.
b) Termination
Where the disagreement between a player and his club is more serious, or where the Grievance/ Disciplinary Procedure has not been effective, terminating the employment contract may become possible.
The PL Contract gives a player the right to terminate where the club has: (i) seriously or persistently breached the terms of the contract; or (ii) failed to pay the player the remuneration due under the contract.
It gives clubs a similar right to terminate where the player: (i) is found to have committed gross misconduct;(ii) fails to comply with a final warning under the club’s internal disciplinary procedure; or (iii) is found to have committed a criminal offence where the punishment consists of an immediate prison sentence of three months or more.
Clubs and players can appeal against such (purported) termination to the Chairman of the Premier League Judicial Panel, which has broad powers to resolve the dispute under the PL Rules.There is also a final right of appeal to the Premier League Appeals Committee.
Importantly, the termination shall not become effective unless and until the appeal process concludes that the player/club was entitled to terminate the contract.
c) Other Employment-Related Disputes
For disputes falling outside the grievance, disciplinary and termination procedures, the PL Contract provides that any dispute between the club and the player will be settled by way of arbitration.This would therefore be the appropriate forum for disputes over unpaid salary, for example.
The default position is that such arbitration will be conducted in accordance with Section X of the PL Rules,and a Premier League arbitral tribunal has wide-ranging powers, including to grant declaratory or injunctive relief, specific performance and to order the payment of a sum of money. Its decision is final.
Alternatively, the club and the player can, by mutual agreement, opt for their dispute to be referred to arbitration under Rule K of The FA Rules, which is broadly similar, though follows a more well-defined procedure.
2. DISCIPLINARY DISPUTES
A Premier League player may be subject to disciplinary proceedings initiated by The FA, the Premier League or UEFA.
a) FA Disciplinary Proceedings
The FA is the principal body responsible for dealing with disciplinary matters in English football. Pursuant to Rule G3.1 of The FA Rules, facts which give rise to an alleged breach of both The FA Rules and the PL Rules will generally be dealt with by The FA under The FA Rules, unless The FA and the Premier League agree that the latter should act.
The FA thus has authority to initiate disciplinary proceedings against players in respect of any misconduct, including breaches of the Laws of the Game and The FA’s rules and regulations.
At first instance, a disciplinary matter which falls under The FA’s jurisdiction will be decided by a Regulatory Commission which has the power to sanction a Player with, for example, a reprimand, a warning, a fine, or a suspension from football activity for a specified period or number of matches.
Both players and The FA have the right to appeal a decision of a Regulatory Commission to an Appeal Board. In general, an Appeal Board’s decision is considered to be final. However, in limited cases, it is possible to challenge the validity of a decision rendered by a Regulatory Commission or an Appeal Board by way of FA Rule K arbitration.
b) Premier League Disciplinary Proceedings
Given The FA’s broad jurisdiction, the Premier League will only initiate disciplinary proceedings where: (i) a set of facts gives rise to an alleged breach of the PL Rules but not The FA Rules; or (ii) there has been an alleged breach under both sets of rules and The FA and Premier League agree that the Premier League should handle the matter. There are, therefore, only a few such cases.
Premier League disciplinary matters are dealt with in the first instance by the Premier League’s board of directors (the “Board”). The Board has the power to issue a reprimand, impose a fixed penalty or other sanction where the PL Rules so provide, exercise its summary jurisdiction, appoint a Commission to resolve the matter, or refer it to The FA.
Should the Board opt to exercise its summary jurisdiction, under which it can impose a fine of up to £100,000,a Player may submit to the Board’s jurisdiction and pay the fine or elect for the matter to be dealt with by a Commission.Where a Commission presides over a matter, it has wide-ranging powers to sanction a player.
Players can appeal a Commission’s decision or a decision of the Board to impose a fixed penalty to a Premier League Appeal Board.In most instances, the appeal decision will be final. However, the decision of a Commission or of a Premier League Appeal Board can be reviewed on very limited grounds in accordance with Section X of the PL Rules.
c) UEFA Disciplinary Proceedings
Players who compete in UEFA club competitions should also be aware that they are subject to UEFA’s disciplinary jurisdiction when doing so.They may be sanctioned for breaching the Laws of the Game, UEFA’s regulations, or the principles of ethical conduct, loyalty, integrity, and sportsmanship.
At first instance, alleged offences under the UEFA Disciplinary Regulations are determined by the Control, Ethics and Disciplinary Body,subject to a right of appeal to the Appeals Body.
There is then a further right of appeal against Appeals Body decisions to the Court of Arbitration for Sport, which is competent to deal with all matters except those related to the application of purely sporting rules (e.g., the Laws of the Game) and decisions to suspend players for a period of up to two matches or up to one month.
3. OTHER DISPUTES
For disputes falling outside of the defined procedures set out above, Premier League players have two further options: the Premier League Board or FA Rule K Arbitration.
a) Premier League Board
The PL Rules set out an additional dispute resolution mechanism for players and clubs, for those disputes which do not fall under the arbitration clause in the PL Contract (for example, a dispute between a player and his former club over a mutual termination agreement). Rule T.31 provides that (emphasis added):
Any dispute or difference between a Club and a Player not otherwise expressly provided for in these Rules may be referred in writing by either party to the Board for consideration and adjudication in such manner as the Board may think fit. For the purpose of this Rule only, “Player” shall include one who was formerly employed by the Club with which the dispute or difference has arisen, whether or not he has been registered to play for another Club.
However, this mechanism is not mandatory, such that the player or club may prefer to use FA Rule K arbitration instead (see below), subject to any contrary agreement.
There is a right of appeal against Board decisions to the Premier League Appeals Committee.
b) FA Rule K Arbitration
In the event that a dispute does not fall within one of the categories outlined above, such as a dispute between a Premier League player and his agent, arbitration under Rule K of The FA Rules operate as a fall-back.
Rule K provides that save for those which have their own dispute resolution mechanism “any dispute or difference between any two or more Participants […] shall be referred to and finally resolved by arbitration under these Rules”.
The term “Participants” is defined broadly in The FA Rules and includes both clubs and players, as well as intermediaries, managers, competitions and all persons who are from time to time participating in any activity sanctioned either directly or indirectly by The FA.The scope of disputes covered by Rule K is thus extremely wide.
Like arbitrations conducted under the PL Rules, Rule K arbitration tribunals have broad powers to resolve disputes, and their decisions are final and binding.
Authored by
Donna Bartley
Senior Associate
Ben Cisneros
Associate
Sam Kasoulis
Paralegal
Morgan Sports Law acts before football’s dispute resolution bodies, including in FA Rule K arbitrations. Please contact Donna Bartley with any enquiries.
