Excuse banter, expose the Club

Those who are time served in sport know that clubs, from time to time, have relied on the 'banter' excuse when someone's words or actions cross the line.

Whether in the dressing room, the office, the boardroom, or the weekly staff meeting, degrading comments and belittling jokes are, still to this day, routinely brushed off as standard for a high-pressure environment. And it is all too common to hear that anyone who raises a concern is told they are ‘too sensitive’ or that they don't have what it takes to survive in professional sport.

With employment law tightening - especially under the changes coming in late October 2026 - clubs can no longer pretend employment law is a choice.

Hiding behind ‘banter’ creates a direct threat to your club's finances and reputation. If you care about your club, that should be enough of a wake-up call.

This isn’t a theoretical issue – and nobody is saying people cannot have opinions – but here’s what really happens when people’s idea of ‘banter’ hits the courts:

The Welsh Rugby Union

A major investigation exposed a deeply toxic culture of misogyny, sexism, and offensive comments targeted at office staff at WRU headquarters. Excused internally for years as harmless ‘office banter’, complaints were brushed aside until public scrutiny forced senior staff resignations and another parliamentary enquiry.

Airdrieonians FC and Rico Quitongo  

After reporting racial abuse in September 2021, the club’s poor handling of internal complaints and its attempt to quieten the fallout led to formal tribunal proceedings. The case ran through the courts until December 2024, when the Employment Appeal Tribunal ruled the club had victimised the player over its handling of communications.

Crawley Town FC and John Yems

Manager John Yems was sacked in May 2022 and handed a landmark FA ban in January 2023 for using discriminatory language toward players. Arguments that the remarks were not meant maliciously failed to protect the club, which subsequently faced tribunal claims for failing to protect its workforce.

Essex County Cricket Club

The Cricket Regulator fined Essex £100,000 after years of racist language and workplace bullying went unchallenged by senior management, proving that turning a blind eye leaves the whole club legally liable.

Yorkshire County Cricket Club

When former player Azeem Rafiq spoke out about institutional racism and bullying that had been ignored internally since 2018, senior figures initially wrote off the language as harmless ‘dressing room banter’. The fallout in November 2021 was catastrophic with most sponsors walking away, a parliamentary enquiry was called, the entire board resigned, and the club was left financially crippled.

Chelsea FC and Dr Eva Carneiro

Following a pitch side incident in August 2015 the first-team doctor was publicly criticised, isolated, and unequivocally was forced out of her job. The resulting employment tribunal claim exposed the club's backroom environment to public scrutiny before ending in a costly out-of-court settlement in June 2016.  

British Cycling and Jess Varnish

After being dropped in April 2016 following challenges to senior staff, derogatory remarks were defended as part and parcel of the demands of elite performance. An independent review in 2017 exposed a culture of fear, forcing out senior executives, damaging the governing body, and triggering a high-profile employment tribunal in 2019.

And don't for a second think this is just about million-pound athletes. Tribunals are penalising clubs who brush off complaints and by default allow backroom toxic cultures to thrive.

The Legal Reality

Under employment law, tribunals look at the impact of the behaviour on an employee, not the excuses of the person making the joke or comment.

The club will be held legally liable for harassment that happens under its watch. Under the ‘earshot’ principle established in employment tribunals, staff do not even need to be the direct target of offensive banter for a successful claim - simply working in an environment where degrading humour is normalised is legally sufficient.

When someone raises a concern, pulling them aside and whispering ‘keep it between us’ or ‘don't rock the boat’ only digs the hole deeper. Under modern whistleblowing protections, if a staff member or player is frozen out or penalised for speaking up, the club faces automatic unfair dismissal claims with uncapped financial compensation.

Protecting the Club You Care About

Most people working in sport do it out of genuine passion for the game and loyalty to the club that pays their mortgage. But letting toxic behaviour slide is the most dangerous thing you can do. One mishandled incident or one manager using ‘banter’ to cover up a complete lack of leadership skills can lead directly to:

• Uncapped payouts in employment tribunals.

• Sponsors walking away to protect their own brand.

• Damage to the club’s name and its community standing.

• Staff losing respect and leaving for healthier environments.

Leadership is about creating a professional environment where people are supported to perform at their best in a safe environment. I'm an advocate for making waves, if it keeps us from sinking.