Elite sportswomen and employment rights in pregnancy
In the UK, pregnant employees are legally entitled to a risk assessment in the workplace to ensure their health and safety, as well as that of their unborn child. This entitlement applies equally to employed elite sportswomen, and it is particularly critical, given the physically demanding nature of their work and the unique risks posed by high-intensity training and a demanding fixtures schedule.
Leading sports lawyers are now reminding employers of this entitlement with growing recognition of the need for proper risk assessment and tailored support during pregnancy.
Sarah MacLarty, a senior associate on the employment team at national law firm Clarke Willmott LLP, said: “In recent years, successes of high-profile athletes and mothers such as Serena Williams, Shelly-Ann Fraser-Pryce and Jessica Ennis-Hill have demonstrated that elite sport and having a family need not be mutually exclusive.
“The entitlement to a risk assessment for pregnant elite sportswomen in the UK is a critical aspect of protecting their health and ensuring that they can balance their careers with motherhood. While the physically demanding nature of elite sports presents unique challenges, employers are legally obliged to conduct thorough risk assessments and take action to mitigate any risks.
“By providing appropriate support, modifying training programs, and offering alternative work when necessary, professional sports clubs and organisations can ensure that pregnant athletes are protected while continuing to participate safely in their sports, and thereafter support their active return after maternity leave.
“The benefits are far reaching – not only to the athlete and her unborn baby, but to her future career post-birth and to women’s sport as a whole.”
Professional players will normally be engaged on standard form professional playing employment contracts with their employer club. The status of funded athletes has been challenged – notably in the case of Jess Varnish v British Cycling where the Employment Appeal Tribunal determined that she did not qualify for ‘worker’ status.
UK employment legislation mandates that employers must assess workplace risks to all employees, including those who are pregnant, new mothers, or breastfeeding. This applies equally to any employed elite sportswoman. Specifically, when an employee notifies her employer that she is pregnant, the employer must:
1. Assess the risks to the health and safety of the athlete and her baby.
2. Take action to remove, reduce, or control any risks identified.
3. Provide reasonable adjustments or alternative work if necessary.
For elite sportswomen, this risk assessment is critical, as their roles involve intense physical activity, exposure to potential injury, and a need for specialised training environments, with optimum nutrition, strength and conditioning, and rehabilitation from injury. Indeed, medical science in this area is advancing significantly, following an increased focus on the importance of protecting female athletes and the challenges that they face.
Failure to provide an adequate risk assessment or failure to take appropriate action based on the assessment can lead to claims of discrimination under the Equality Act 2010, which prohibits discrimination against women on the grounds of pregnancy and maternity.
Elite sportswomen who feel their employer has failed to conduct a proper risk assessment or take the necessary steps to protect them can raise the issue formally with their club and should seek independent legal advice on their positions. Employers who fail to fulfil their obligations may face legal consequences, including employment tribunals or claims for unfair dismissal or discrimination. A breach of duty of care could also give rise to a personal injury claim.
Sarah continued: “As awareness around pregnancy and maternity rights grows in the world of elite sports, it is essential that employers and stake holders work together to ensure that all female athletes receive the leading medical support and employment protections they are entitled to under UK law. This will not only help safeguard their health but also encourage a more inclusive and supportive environment for women in sport.
“An employer has a duty to provide a safe working environment for all employees, and employers and club coaches should be acutely aware of these specific heightened risks.
“There has been notable progress in professional sport achieved through agreement between the players unions and governing bodies, notably with standard minimum enhanced maternity leave pay rates being agreed by the Football Association, Rugby Football Union, UK Sport, and the England and Wales Cricket Board.
“In professional football the FIFA Regulations on the Status and Transfer of Players also underpin the minimum standards required for players and coaches (implemented by the member associations).
“With the exciting growth of women’s professional sport, players and athletes should ensure that they are fully informed of their statutory rights and protections, to ensure they receive optimum support within their high-performance environment.
“No doubt the status of athletes, will be ripe for challenge again in the future, given the direction of travel and the extent of changes being proposed by the Labour Government, alongside the EAT highlighting the fact-specific nature of determining ‘worker’ or ‘employee’ status as in the Varnish case.”
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
To find out more about the firm’s top ranked tier 1 Sport and Employment team visit Sports Solicitors - Sports Law Firm - Clarke Willmott