The English Football League kicked of last week but the opening weekend was marred with a number of incidents of racist abuse. Like any other employer in the UK, a professional football club has a duty under the Equality Act 2010 to protect its staff from racial abuse. The Equality Act makes no distinction as to the type of workplace, a football player is a member of staff and the football pitch is a workplace.
On Saturday 3rd August, Southend United’s Jamaican striker Theo Robinson claims he was abused “in front of family, friends and their kids” at St Andrew’s, the first match Coventry have played in their ground-sharing arrangement with Birmingham City. Similarly, Stoke City’s James McClean, Barnsley’s Bambo Diaby and the sister of Fulham’s Cyrus Christie were also victims of what’s been described as “unacceptable discriminatory abuse”.
Anti-racism charity Kick It Out said “On the first weekend of the season, these incidents should be a reminder for everyone in football that racism and discrimination cannot be ignored. Clubs and the football authorities must be relentless in calling out this disgraceful behaviour, and be prepared to issue strong sanctions and education sessions to any supporter involved. Discrimination casts a shadow over football in this country, and we will not stop highlighting the problem while it remains rife in the game.”
Whilst in this case the racial abuse is coming from a minority of fans in reality a football fan is a customer of the club and a consumer of the clubs product or service. As such, this is no different from hospital staff receiving racial abuse from a patient or service user. In such cases, NHS Trusts work to support staff and reduce racial abuse happening and football clubs must do the same. However, we hear much more outrage from the public and political leaders when NHS staff are racially abused. Why then are footballers, as well as other sports men and woman, seen as fair game to abuse at work?
Certainly, the money involved in football infuriates many fans, especially when they are being charged £40 a ticket and another £50 for a replica club shirt. They see the elite football players earning the big bucks and see themselves as effectively their employers. Oddly, if they were the employers then by law they should treat their staff better. That said, we know that when a football team is doing well the fans sign their praises from the stands but when things are not going well a minority of fans abuse the players, regardless of ethnic origin. This abuse from the stands has almost become a ‘norm’ but race is a protected characteristic under the Equality Act and harassment on the basis of it is illegal, just as would the abuse of a disabled member of staff, or an LGBT+ member of staff. In fact, I am sure the ongoing situation with racial abuse of players is contributing to the lack of any visible LGBT+ professional football players. Unfortunately, LGBT+ players are not confident enough in being accepted by all fans that they have to hide that aspect of their lives away and as such lead an unauthentic version of themselves, in itself this can lead to anxiety, depression and other mental health issues.
So what are clubs to do? In reality, expulsion from the ground and permanent exclusion from all football grounds is a strong deterrent. Clubs must demonstrate their commitment to stamping out racial abuse but those fans that do not racially abuse players must also be given the confidence to challenge the abusers and show them that this behaviour is not okay.
Either way, the Equality Act 2010 protects all staff from abuse in the workplace and unless clubs do more to protect their players from racial abuse they could be in breach of the Equality Act and subject to legal action.
JD
The Equality Blog 