Varnish boost as Freeman’s statements are allowed

Jess Varnish’s employment case against British Cycling and UK Sport received a boost yesterday when the judge agreed to accept Dr Richard Freeman’s written statement despite the respondents’ protests.

The ex-british Cycling and Team Sky doctor was one of three witnesses Varnish had hoped would appear at the Manchester Employment Tribunal on her behalf but he failed to show up on Wednesday, placing a question mark over the admissibility of his evidence.

Dr Freeman was told by his own lawyer not to attend when it became clear that representatives of the General Medical Council (GMC) wanted to hear him cross-examined by British Cycling’s barrister Thomas Linden QC.

Dr Freeman, who has been suffering from depression, was allowed to resign from British Cycling earlier this year instead of facing a disciplinary process over allegations related to his time at the National Cycling Centre – matters that will be examined in a GMC tribunal in February.

Judge Ross said tribunals were “less formal” than courts so she would admit the evidence but give it “very little weight”.

Dr Freeman supports former European and World Cup team sprint champion Varnish’s view that riders do as their told at British Cycling, in the same way as employees of companies.

“The control by the coaches over the athletes was complete – cycling is a coach-led sport,” wrote Dr Freeman. “The coach would decide everything. The athletes were very firmly controlled.” Varnish, who was dropped from the Olympic programmeinmarch2016, has to persuade Judge Ross that she was effectively employed by British Cycling and the funding agency UK Sport before she can sue British Cycling for wrongful dismissal, sex discrimination and detriment to a whistle-blower.

Final submissions in the case, which could change how British athletes are funded, are today, with a verdict due on Monday.