Employment and Labour Relations Law in the United Kingdom and Professional Sport

Abstract

The employment arrangements in the Premier League are regulated by national employment and labour relations legislation and case law which, in turn, is influenced by European law and to a lesser extent, the European Court of Human Rights. This chapter discusses the legal principles that are applicable to an employment relationship in a unionized environment such as the Premier League. It canvasses the definition of employee and worker in national law, describes the key provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 and discusses the cases arising under the common law doctrine of restraint of trade in the context of professional sport. The restraint of trade doctrine rather than competition law has been used to challenge overly restrictive working conditions in professional sport. Statutory and non-statutory labour exemptions similar to that applicable in the United States of America do not exist in national law in the United Kingdom.