Varnish discrimination case ‘like Bosman ruling’

Tribunal will decide on her employment status British Cycling and UK Sport face accusations

Jess Varnish’s sex discrimination case against British Cycling and UK Sport begins in Manchester today with a preliminary hearing which is set to last a week and could have major ramifications for UK Sport.

The former track sprinter lost her place on British Cycling’s Olympic programme in the spring of 2016, a few months before the Rio Olympics.

She made allegations of sexism, bullying and discrimination, which eventually led to the departure of technical director Shane Sutton.

This week’s hearing will deal solely with Varnish’s employment status at the time. The question before the tribunal will be whether she was self-employed or an employee or worker. Employee and worker statuses come with protection against discrimination, the right to the national minimum wage, paid holiday and whistleblowing protection. The self-employed have no such protection. There could also be pension and tax implications.

If Varnish can prove employee or worker status, it will pave the way for her to bring some or all of her claims for unfair dismissal, sex discrimination, victimisation and detriment suffered for being a whistleblower. It could also force UK Sport to overhaul its current funding system.

“The significance of this case has been likened to the Bosman ruling in professional football, which allowed footballers to be free agents after their contracts expired,” said Varnish’s lawyer, Simon Fenton, a partner at Constantine Law.

If successful, a tribunal next year will decide whether she suffered sex discrimination, although Sam Minshall, Associate in the Sports Business Group at law firm Lewis Silkin, warned: “Whatever the preliminary hearing judgment, it would not be surprising if it was appealed. You would expect that UK Sport/british Cycling are more likely to have the pockets to fund an appeal than Varnish.”