Arsenal could be in breach of employment regulations
Written by Jonathan Chong on Sunday, March 11, 2007
Arsenal's policy of only offering one-year contract extensions to players over 30-years-old could be in breach of new employment regulations.
Age discrimination in the workplace became unlawful late last year through the Employment Equality (Age) Regulations 2006.
Richard Linskell, employment partner at the London-based Dawsons Solicitors, believes that it would be hard to justify some of the policies of football clubs under the new statutes.
Linksell said: "To say 'we are not going to give a contract of more than 12 months to any player over 30' cannot be justified.
"Arsenal may be able to justify the decision in relation to any particular player, but I do not think it is right to have a policy which applies simply on the grounds of age.
"Robért Píres left because he got a two-year deal at Villarreal, and also clubs like Bolton signed players, such as Idan Tal, who was over 30, on a three-year deal.
"How can Arsenal justify it if other top teams around Europe think that they can offer longer contracts to older players?
"The whole nature of discrimination law is that you must not stereotype - and some clubs are generalising that all footballers over the age of 30 are somehow inferior and therefore not suitable for longer than a one-year contract.
"The problem is that everyone accepts there is a point at which someone cannot physically compete but with goalkeepers most of them do not come into their own until they are 30.
"If Arsenal were to say, for example, that there had been some situations this season where Lehmann was not as flexible as before, was not quick enough off his line any more, therefore we think his physical abilities are reducing, then they may be able to justify the decision, in his case, not to grant more than a year's contract.
"But the problem is their policy does not seem to be linked to individual ability it seems to be linked to an arbitrary factor, which is age.
"Players could go to another club, say in Spain, on probably half the salary and could then bring a claim for loss of earnings, which is the difference between what he is getting in his new job and what he was getting before - and would have continued to get were he not discriminated against."
User Comments
5Ginger_Reyes
Posted on 11 Mar, 2007 at 10:36 PM - Reply
What a load of rubbish. Mr Linksell - Bolton and Villereal are not top teams, please. Playing football at the highest level is not comparable to staking shelves at ASDA.
4timleaf
Posted on 11 Mar, 2007 at 06:31 PM - Reply
This lawyers probably a scum fan!
Besides, didn't we offer Lehman a 2 year deal when he first came, when he was already in his 30's?
3David Kowalski
Posted on 11 Mar, 2007 at 06:22 PM - Reply
In my opinion, absolutely ridiculous. The induction of such a law should not be relevant in football. If someone was purely in good form still at the age of 30, I'm sure there would be some reconsiderations. If the decision was made on an individual basis, I still think there would be short term contracts for the older players anyway.
2mgrealsmooth
Posted on 11 Mar, 2007 at 05:51 PM - Reply
I suppose if you're purposefully trying to be finickerty you could apply this to the sport of football. I personally agree with Arsenal's policy, as biologically persons over 30 have much less agility than those under. The law wasn't devised for application in such physical activities, professional football least of all!
1pat
Posted on 11 Mar, 2007 at 02:02 PM - Reply
the worlds gone mad.surely both parties have a choice and if the arsenal don't want to offer 2 years then that should be that
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