Blog

Equality and the world of sport

Published: 26 July 2024

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Written by The Scotland Legal Team

The Equality Act 2010 (the Act) makes it unlawful to discriminate against, harass or victimise someone because of a protected characteristic. This applies to the areas of activity covered by the Act, including employment, services and associations.

The Act applies to the world of sport as it does other contexts. Following UEFA Euro 2024 and Wimbledon, this blog explains who is protected by the Act in employment relationships (Part 5 of the Act) within the context of sport.

Who is protected?

The Act protects various people within the context of employment and sport.

Job applicants

Employers must not discriminate against job applicants when deciding:

  • who to offer employment to
  • the terms of employment
  • not to offer employment

Example

A rugby club advertises a receptionist job that mainly requires desk working. A job applicant informs the prospective employer that they have multiple sclerosis. The employer offers the job to another applicant without a disability. If the employer did not offer the job because of the applicant’s disability, this would be unlawful discrimination.

Employees

Individuals in the sporting world will be covered by the Act if they are employed. This includes employment under a:

  • contract of employment
  • contract to do work personally
  • contract of apprenticeship

Employers must not discriminate in their terms of employment and in the way they provide opportunities for promotion, transfer, training or other benefits. Employers must also not discriminate against employees by unlawfully dismissing them or by subjecting them to any other detriment. Generally, a detriment is anything which the individual concerned might reasonably consider has changed their position for the worse or put them at a disadvantage compared to others.

Former employees may also be protected if discrimination arises out of, and is closely connected to, an employment relationship that used to exist. If the discrimination had occurred during the relationship, and would have been deemed unlawful, the former employee may be protected.

Example

An employee of a tennis club resigns after making a sexual harassment complaint. However, the employee remains a member of the club. Shortly after they have made the complaint, their membership is cancelled. This could amount to post-employment victimisation. 

Contract workers

An individual employed by one person but supplied to another may be a contract worker. As a contract worker, they would be protected against discrimination.

Example

A football club refuses a black player on loan access to the club’s physiotherapist, which they offer to all white players. The player may be covered by the Act as a contract worker and protected from discrimination.

Volunteers

If a volunteer relationship does not meet the Act’s definition of employment, the volunteer will not be protected under the employment sections of the Act. For a relationship to meet the definition of employment, a contract must exist between the individual and the organisation.

Example

An unpaid volunteer at the Commonwealth games is responsible for taking spectators to their seats. They have no contracted minimum hours. The volunteer is unlikely to be covered by the Act.

For more information about how organisations should treat volunteers, read our guidance.

Further information

We have published an Employment Statutory Code of Practice providing more in-depth guidance.

Employment Tribunals have jurisdiction for claims under Part 5 of the Act. There is no requirement that a worker must have served a period of continuous employment before bringing a claim under the Act. If you are an individual who requires assistance with your claim, you should contact the Equality Advisory and Support Service (EASS).

To find out further information about the Act and sporting service providers, refer to our Services, public functions and associations Statutory Code of Practice.