The Lines Are Being Redrawn - Employer Liability in Football

The days of abusive supporters and demanding corporate sponsors being seen as 'a part of the game’ are over. Under the Employment Rights Act 2025 (ERA 2025) from the 30th October 2026 sports organisations face a much stricter legal framework.

This increased legislation will place a clear duty on employers to protect their staff from harassment - fundamentally changing how football clubs run matchdays, handle sponsors, and manage players.

For clubs - from the Premier League down to the grassroots - the legal, financial, and reputational risks are about to become immense.

To understand the changes that are coming, clubs need to look at how employment law has developed over the last few years. Essentially, moving away from reacting to a problem that has happened, it now confirms that clubs have a strict duty to prevent harm, before it occurs.

The Equality Act 2010, the 2013 Legal Gap and Harassment

The core legal definition of harassment comes from Section 26 of the Equality Act 2010. When the Equality Act was first introduced, it included a bunch of rules that held employers liable if an employee was harassed by a third party on three separate occasions and the employer failed to act.

Then, in 2013, those rules were changed and for more than the last decade - until now - a legal loophole existed and clubs were largely protected from Employment Tribunal claims when fans, sponsors, or contractors abused players or staff, unless the staff member resigned and claimed constructive unfair dismissal - or sued for personal injury.

"A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating B's dignity, or creating an intimidating, hostile, demeaning, humiliating or offensive environment for B." - Equality Act 2010, s. 26(1)

The Worker Protection Act 2023

The landscape started to change with the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024.

This introduced two very important concepts which were that clubs had to actively assess risks and put safeguards in place before an incident happened and Employment Tribunals were given powers to increase compensation pay-outs by up to 25% if a club failed to take reasonable steps.

"An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment." - Worker Protection Act 2023, s. 1(1)

However, the Act in 2023 only covered sexual harassment - it did not protect workers from third-party abuse linked to other traits, such as race or sexual orientation.

Whilst it has taken some time for different stages to become law, the ERA 2025 now extends employer liability right across a club's operations placing a strict duty on employers to not 'permit' third-party harassment - replacing the old ‘reasonable steps’ defence with the much tougher test of ‘all reasonable steps’.

"An employer (A) is liable for harassment committed by a third party against an employee in the course of employment, unless A proves that A took all reasonable steps to prevent the third party from doing so." - ERA 2025 [Amending Equality Act 2010, s. 40 and s. 40A

By simply adding the word ‘all’, the legal standard completely changes and it is no longer enough for a club to point to a staff handbook or signage in a concourse. To defend a claim in a tribunal, a club must prove it thought through and put into action every practical, sensible precaution available.

Under the ERA 2025, third-party liability applies across all protected characteristics listed in Section 26(5) of the Equality Act 2010, which are Race (including colour, nationality, and ethnic or national origins), Sex and Sexual Orientation, Disability, Religion or Belief, Age and Gender Reassignment.

Whistleblowing Protections

The ERA 2025 also now links harassment reporting directly to the statutory whistleblowing protections under the Employment Rights Act 1996.

This means if a player, coach, or physio reports that a club is failing to prevent third-party abuse (or flags internal mistreatment), that report is legally protected. If the club then punishes them - by dropping them from the matchday squad, or terminating their contract - it faces automatic unfair dismissal claims and uncapped compensation for victimisation.

"A disclosure is a qualifying disclosure if, in the reasonable belief of the worker making it, it is made in the public interest and tends to show... that an employer has failed, is failing, or is likely to fail to comply with its statutory duty to prevent harassment under the Equality Act 2010." - Employment Rights Act 1996, s. 43B(1) [as amended by ERA 2025]

Crucially, these legislative shifts also give workers an extended six-month time limit to bring Employment Tribunal claims, doubling the window of risk for employers.

Beyond third-party abuse, internal management tactics - like banishing players to the reserves or withholding selection to force contract decisions will now face extra legal scrutiny.

Don't forget that every employment contract in professional football contains an unwritten, mandatory legal term defined by the House of Lords in Malik v BCCI [1997] that "The employer shall not without reasonable and proper cause conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee."

Using financial or administrative pressure to force a player out breaches this implied term. Combined with the ERA 2025:

• Freezing out an athlete without genuine sporting or medical grounds harms their career and market value, breaching the contract.

• Under Section 95(1)(c) of the Employment Rights Act 1996, the player can walk away from the contract and sue for constructive unfair dismissal.

• Where mistreatment involves discrimination, harassment, or retaliation for whistleblowing, normal statutory caps on tribunal compensation do not apply and payouts are uncapped.

Action Plan: Department-by-Department Checklist

To successfully defend against the new legal standards, it is recommended that clubs move beyond policy handbooks and introduce practical, real-world measures across all of their operations.

The following breakdown details, in my reading and interpretation, some of the specific risks for each department, why these risks must be taken seriously under the new legislation, and the recommended steps to ensure full compliance.

Media

In media, the legal definition of the workplace extends far beyond the stadium footprint to include the club's digital platforms. If a media team member or matchday presenter or journalist faces racist, homophobic, or targeted online abuse while doing their job, the club is directly exposed to legal action if it fails to put preventative safeguards in place.

Under Section 26 of the Equality Act 2010, employers are liable if the environment is deemed hostile or degrading - even if the abuse comes from an anonymous fan. Protecting staff from psychological harm is a strict legal duty, not just a PR exercise.

1. Consider automated moderation tools across official club platforms to filter and block abusive or discriminatory comments before staff read them.

2. Create a clear, documented procedure so media teams know exactly how to document, report, and permanently block users who post abusive content.

3. Provide physical escorts and establish safe media zones to shield staff working in the press areas and pitch side and who are working near to spectator areas deemed as volatile and/or unpredictable.

Marketing

Marketing staff are regularly sent off-site for ad shoots, brand and sponsor events, and often make up an overseas pre-season touring party. In these settings, staff work alongside external staff, venue teams, and client and stakeholder representatives.

Under updated legislation, if your staff or players face harassment from an external partner's workforce while on official duties, the club is directly liable unless you can prove you took all reasonable steps to prevent it beforehand.

Junior staff and player liaison officers often feel commercial pressure to stay silent so they don't ‘ruin’ a campaign and so you need to remove that pressure and protect your people at all times.

1. Require written risk assessments before every external commitment. Specifically evaluate venue layouts, alcohol limits, security presence, and crowd/people management.

2. Give staff the explicit authority to walk away. Brief your team on exit strategies before they leave, ensuring they have board backing to pull players or staff out immediately if anyone faces inappropriate behaviour.

3. Send external production companies and commercial partners a written code of conduct before any shoot and event. Set clear expectations around professional behaviour, respectful interactions, and accountability.

Commercial

Commercial teams bring in key funding through hospitality and corporate entertaining and events – as well as the high-value sponsorship deals that keep clubs afloat. However, these environments can often be accused of blurring professional boundaries - and clubs have historically struggled to balance staff well-being against the pressure of keeping sponsors and stakeholders happy.

Under the new rules, commercial value is not a legal defence.

Hospitality workers or club execs facing unwanted sexual advances or discriminatory comments from corporate guests leaves the club wide open to legal action, uncapped compensation claims, and heavy fines.

To defend an Employment Tribunal claim, you must prove through a clear paper trail that you put staff safety ahead of sponsor relationships.

1. Put explicit, non-negotiable anti-harassment clauses into all sponsorship, commercial partnership, and corporate box agreements.

2. Ensure contracts give the club the legal right to cancel corporate tickets or end sponsor access immediately if a partner’s staff or guests misbehave.

3. Structure agreements so that commercial partners are contractually required to cover any employment tribunal costs caused by their representatives.

4. Complete written risk assessments before every corporate event.

5. Set clear boundaries and give staff authority to halt service or walk away if a situation becomes inappropriate.

Ticketing

Ticket and turnstile staff deal with thousands of fans every matchday across ticket windows/booths, phone lines, and digital support. They manage fans at their most emotional - whether celebrating or disappointed, whether frustrated with seating or angry about ticket prices. Mix this with some bad weather and a long queue and staff easily become targets for verbal abuse, aggression, and discriminatory language.

Under the updated law, you cannot write this off as 'part of the job.' The club has a strict duty to anticipate these flashpoints and protect its staff.

1. Insert zero-tolerance anti-harassment clauses into all season-ticket terms, single match purchases, and hospitality access agreements.

2. Protect frontline staff by fitting physical barriers, duress buttons or protocols, or silent panic alarms at all face-to-face box office windows and turnstile booths.

3. Establish a strict protocol allowing the club to instantly suspend or cancel season tickets and issue stadium bans to supporters who harass staff.

Retail

Retail staff deal with huge numbers of face-to-face and digital interactions. On matchdays, kit launch days, or during peak shopping periods, the club shop is a high-pressure environment. If the team loses heavily or a refereeing decision goes against the club, fans have been known to take out their frustration on shop staff, whether intentionally or not.

Non-matchday operations bring risks too, especially around lone working or dealing with customers returning items.

Under the ERA 2025, brushing off abuse as ‘passionate fans’ is no longer legally acceptable; you must show you have taken preventative measures.

1. Post clear conduct signs at store entrances, tills, customer service desks, and printing stations.

2. Provide shift supervisors with silent alarms or two-way radios connected straight to the matchday security control room.

3. Run mandatory conflict resolution training for full-time and temporary retail workers so they can handle tense situations safely.

4. Create strict opening, closing, and lone-working safety procedures for non-matchday shifts.

Grounds and Facilities

Ground staff and maintenance teams work in exposed areas around the pitch, the stadium and the training facilities and as such are uniquely vulnerable to abuse from pitch invaders, hostile crowds, opposition team staff, and visiting third-party contractors. To meet the legal requirement of taking 'all reasonable steps' to prevent third-party harassment, you must actively protect these workers.

1. Equip pitch side ground staff and maintenance workers with two-way radios or body-worn cameras, particularly during pre and post-match pitch work.

2. Lock down tunnel areas and maintenance facilities using strict access-control protocols to stop unauthorised fans or contractors wandering in.

3. Audit cleaning and catering contractors to ensure their staff are contractually bound to your workplace codes of conduct and stadium rules before allowing them on site.

Football Players and Support Staff

The first-team environment is built on emotion and hierarchy and for years, football culture has excused toxic behaviour as ‘dressing room banter’ but this now carries genuine and severe legal exposure:

Analysts, physios, kit staff and sports scientists work long hours in close proximity to players. If, for example, players or management direct inappropriate sexual comments, discriminatory abuse, or aggressive intimidation at any of these groups, sweeping it under the carpet to protect the talent on the pitch directly breaches your legal duty of care.

It's not all anti-player though. If management force unwanted players into isolated ‘bomb squads’ and take away access to first-team privileges without genuine sporting reasons, or they bench players to avoid triggering contract extension clauses, this now exposes the club to legal challenges.

Under employment law, these tactics break the implied term of mutual trust and confidence (Malik v BCCI).

Crucially, under Section 43B of the Employment Rights Act 1996, if a player or staff member reports mistreatment, harassment, or unfair squad manipulation, that report is legally protected as a whistleblowing disclosure. And, if the club penalises them, drops them, or forces them out, standard statutory caps on employment tribunal payouts do not apply.

For elite players or long-serving support staff, uncapped compensation claims can run into hundreds of thousands of pounds.

1. Set clear conduct standards that apply to players, managers, and board members alike. Give backroom staff written guarantees that reporting harassment will be handled fairly and without fear of losing their jobs.

2. Technical and coaching staff should log written, real-time notes detailing the tactical, fitness, or form reasons behind squad exclusions, altered training, or selection choices to prove decisions are based purely on sporting grounds.

3. If a player is separated from main squad training for valid sporting or disciplinary reasons, you must still provide equivalent training pitch quality, medical care, fitness support, and dining facilities. Stripping basic rights as psychological pressure breaks mutual trust and confidence.

4. Give staff and players access to a confidential, third-party whistleblowing route outside the manager’s or head of football’s chain of command, fulfilling your statutory duty under the Equality Act 2010 and the ERA 2025.

What are the risks post-October 30th?

When this area of the ERA 2025 comes into force on the 30th October 2026, the legal responsibility will rest firmly on the employer.

It will no longer be acceptable to dismiss spectator abuse, corporate partner misconduct, or heavy-handed squad contract tactics as ‘part and parcel of modern football’ and the costs of failing to act are heavy:

• Compensation awards for third-party harassment, constructive dismissal, and whistleblowing victimisation carry no upper financial limit.

• The Equality and Human Rights Commission has the legal authority to investigate non-compliant organisations, issue binding enforcement plans, and seek court injunctions.

• The fact that tribunal rulings are all public will harm the club brand, create division and mistrust amongst fans, undermine commercial partnerships, and make players and staff think twice before signing.

Clubs that act before the October 2026 deadline to review practices and protect their people will build a strong legal defence, safeguard their commercial partnerships, and create a healthier, more professional sporting environment.

If you haven't already, you should start this process department-by-department without delay.

Heads of department must take the lead - beginning with a full audit of exactly who their staff interact with, followed by an assessment of the physical and contractual barriers that are currently in place to protect them.