But Not All Tribunal Cases Are Won…

JESS VARNISH LOSES HER APPEAL AGAINST BRITISH CYCLING FOR NOT BEING CLASSED AS AN EMPLOYEE

SUMMARY OF CASE

The former Great Britain track cyclist Jess Varnish lost her employment tribunal appeal against British Cycling, which had threatened to alter the legal rights of elite athletes and the way they are funded by governing bodies.

Varnish spent years in a legal battle over her claim she should be considered an employee of British Cycling or UK Sport and therefore should be subject to certain protections under lawincluding sick pay, a pension and the right to sue for unfair dismissal.

Varnish’s appeal contained three main arguments—that the original tribunal was wrong in finding that there was no “mutuality of obligation” between Varnish and British Cycling, that it was wrong in concluding that she was not a worker under section 230 (3)(b) of the 1996 Employment Rights Act and that the tribunal was irrational in certain findings of fact.

However, the employment tribunal appeal argued that this wasn’t the case because of various reasons including that she organised her own financial and tax affairs. The written judgement concluded “It is our judgment that none of the grounds of appeal succeeds and the appeal is dismissed”.

This case is important to review alongside the case at left and treat each case on its own merits.

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