Can sports clubs compel players to return to play and waive health and safety liability?
Published 05 June 2020 By: John Mehrzad QC, Joseph Bryan
As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.[1]
This article by John Mehrzad QC and Joseph Bryan of the Littleton Sports Law Groupdiscusses the legal consequences of clubs seeking to compel players to train or play and whether such ‘disclaimers’ are of any legal effect. Specifically, it:
- sets out relevant first principles of employment rights in the UK;
- suggests that players may be entitled to refuse to play or train due to Covid-19 concerns; and
- explains how waivers of liability for Covid-19-related personal injury or death are not enforceable.
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- Tags: Coronavirus | COVID-19 | Dispute Resolution | Employment | Employment Rights Act 1996 | Football | Health | Participation | Rugby | Safety | UK
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