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Jess Varnish case is self-interest not public interest argues British Cycling

Judge must decide whether UK Sport grants constitute contracts of employment

Jess Varnish’s wrongful dismissal case is self-interest not public interest and could lead to "the skies falling in" for UK Sport according to the lawyer representing British Cycling.

Varnish, who was dropped from the national squad in April 2016 and claims she was unfairly discriminated against, is seeking to establish that she was an employee of British Cycling and UK Sport when she received funding, rather than being an independent contractor.

If her claim is successful, UK Sport would potentially have to pay National Insurance and pensions contributions for athletes and also cover backdated claims. It’s been reported that this could lead to hundreds of UK Sport-funded athletes seeing a reduction in their grants.

A verdict had been expected on Monday, but the BBC reports that the judge has now said she will make her judgement within 28 days and will "strive to get it out by mid-January."

Varnish has accused British Cycling of exercising “extreme control” over her and other athletes – claims that have been backed by her partner, former BMX world champion Liam Phillips and also Dr Richard Freeman, the doctor at the centre of the Team Sky Jiffy bag controversy.

On Friday, British Cycling's barrister, Thomas Linden QC, accused Varnish of dealing in half-truths.

"This is a case of the highest public interest and extremely important to athletes, sport and the funding bodies, so it is vital a true and fair picture is presented.

"What we have witnessed here is the difference between self-interest and the public interest. For good or ill we have presented the facts – I am not sure I am able to say the same of the claimant."

Linden said Varnish had "gravely misrepresented" her coaches before going on to reframe the assertion of her lawyer, David Reade QC, that athletes had been treated like schoolchildren.

"They were schoolchildren," said Linden. "We all went to school, we wore school uniform, we were disciplined if we broke the rules and our results affected the school's funding.

"But nobody would say they worked for their school or, as they progressed through the system, for their university."

Reade disagreed. "This is truly a contract that's not simply about education and training, it's about mutual benefit and achieving international medals and success," he argued.

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6 comments

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Yorkshire wallet | 6 years ago
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They are getting paid for what amounts to a leisure activity to most people. Hardly Indian 9 year olds breaking their backs for subsistence.

Sports people can be inspirational but they aren't necessary. Life goes on without them.

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alotronic replied to Yorkshire wallet | 6 years ago
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Yorkshire wallet wrote:

They are getting paid for what amounts to a leisure activity to most people. Hardly Indian 9 year olds breaking their backs for subsistence. Sports people can be inspirational but they aren't necessary. Life goes on without them.

Yeah, but the point I think is more that as part of the 'brand britain medal machine' they are more like 'assets' than leisure cyclists and deserve to be treated as such rather than people who should be grateful to be able to ride full time. If you don't say that then you get to the logical extension of that, which is something like.... anything which isn't necessary shouldn't be paid for, which would be problematic as a way of calculating worth and wages - who gets to decide what is necessary, Teresa May? Jeremy Corbyn?  Reese-Mogg?

Also everyone else is getting pension and the benefit of legal job protection - coaches, staff, cleaners... 

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John Smith replied to Yorkshire wallet | 6 years ago
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Yorkshire wallet wrote:

They are getting paid for what amounts to a leisure activity to most people. Hardly Indian 9 year olds breaking their backs for subsistence. Sports people can be inspirational but they aren't necessary. Life goes on without them.

 

Elite sport has very little in common with going for a club ride at the weekend. And you could say the same about professional chefs, or many other professions people do as a hobby.

 

As for British cyclings solicitor, that statement about being like a school says all you need to know.

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Legin | 6 years ago
3 likes

So if I read this right the public interest is best served by identifying children with potential; relocating them from their home; controlling all aspects of their life, then dumping them without warning when they say something that upsets their masters.

Smells more like slavery to me!

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alotronic | 6 years ago
2 likes

Yes 'public interest' seems to mean British Cycling is saying 'nothing will look as shiny'. Being a member of the public I would rather sportspeople were treated well, and who knows they might take more medals if they weren't treated like children. 

And, duh, everyone pays NI and Pension, thus reducing their take home pay, it's generally regarded as a positive investment over the long term for people who are not  earning a great amount of money, as here.

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brooksby | 6 years ago
3 likes

Erm: isn't any case for wrongful dismissal technically "self interest"?

(I've never seen the CPS take on such a case "in the public interest "...)

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