“It’s not banter, it's bullying”: how bullying can be tackled in sports organisations

The existence of bullying in sport is well known, from high performance environments to grassroots. There is no legal definition of “bullying”, though most sports organisations will include a definition in relevant policies with indicative behaviours.

Whether it occurs between athletes, through social media platforms (for example, with fans abusing players on social media), or within the hierarchical structures of coaching and management, bullying has far-reaching consequences that extend beyond the playing field. The effects of bullying cannot be underestimated: victims can feel isolated and as a result often do not seek support due to fearing recrimination or an adverse impact on their progress in the sport. In some instances, bullying can cause athletes to leave the sport altogether and suffer long term poor mental health.

In addition to the impact on the individual, bullying in sport can also have a significant impact on a team’s dynamic and culture, as well as the reputation of the sport itself. As mentioned above, bullying is not confined to the realms of elite or professional sport and can permeate athletic environments in grassroot and recreational settings as well. Bullying can occur publicly (eg on the pitch), or privately (eg in secluded areas such as a changing room).

By way of example:

Athlete-to-athlete

Athlete-to-athlete bullying can manifest in the form of hazing and participation in initiation ceremonies. Offensive language/communications between teammates often disguised as “banter” or harmless teasing can amount to verbal abuse.

Physical violence is another manifestation of athlete-to-athlete bullying, which can include acts of aggression such as pushing or shoving (sometimes under the guise of playing the sport, for example, engaging in dangerous tackles) or can involve more serious forms of physical harm.

In severe cases, athlete-to-athlete bullying can also take the form of sexual harassment or assault. This could involve unwanted advances, inappropriate touching, or coercive behaviour.

Social media

Social media use is pervasive, and some athletes are not only subject to the pressures of competition on the field, but also face relentless scrutiny and anonymous abuse online as well. Online bullying can involve humiliating photos or videos, spreading rumours or sending threatening messages. Bullying via social media can be perpetuated by teammates, workmates, or the general public themselves. The negative side of social media was demonstrated by the online abuse directed towards Bukayo Saka, Marcus Rashford and Raheem Sterling following their missed penalties in the Euro 2020 finals. The 2022 FIFA World Cup also featured instances of racism, including discriminatory chants directed at players and racial abuse on social media platforms like Twitter and Instagram where players from teams such as England and France were targeted with offensive and racially charged messages.

Coach/management to athlete

While coaches and managers play a crucial role in shaping athletes’ development and performance, such relationships often contain a power imbalance. It is possible for the authority of a coach or manager to be wielded inappropriately, leading to instances of bullying and abuse. This can take the form of emotional abuse and verbal abuse through insults and derogatory remarks, constant criticism and athletes being told they are not good enough. However, instances of bullying in this context can also be physical in their nature and can include pressuring athletes to continue playing through injuries or to train excessively, restricting an athlete’s food or drink intake, forbidding them to go to the toilet during training, or enforcing excessive physical punishments for minor infringements such as being late to training.

Sexual abuse and/or harassment can also be present in the relationship between coaches/management and athletes. This was seen when Larry Nasser (Gymnastic USA’s team doctor) committed sexual abuse against US gymnasts, manipulating them into believing that his invasive and inappropriate procedures were legitimate forms of treatment.

What can be done to tackle and mitigate bullying in the many organisations, communities, and locations where sports are played? First, we look at the law.

The Law

Where bullying takes place in the workplace, there is not a distinct or standalone claim that can be brought under employment legislation. It therefore often manifests in the following ways:

• A claim of harassment under the Equality Act 2010 if the unwanted bullying conduct is related to a protected characteristic (eg sex, race, age, disability etc), and it has the purpose or effect of either violating the victim’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
• If an individual can show that they are being bullied because of a protected characteristic, they may also be able to claim that the behaviour amounts to direct discrimination.
• If an employee feels that it is no longer possible to carry on working because of the bullying they are suffering in the workplace, they may argue that this amounts to a breach of the implied term of trust and confidence, entitling them to resign and claim constructive unfair dismissal.
• A complaint about bullying may, in some circumstances, amount to a protected disclosure under whistleblowing legislation. In those cases, individuals will be protected against detriment or dismissal as a result of making such a disclosure.
• Individuals who are bullied may well suffer from stress-related illness as a consequence of the bullying. While there is no specific legislation that requires employers to prevent stress at work, in the context of bullying-related stress it is important to bear in mind that employers are under a specific statutory duty under the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees.
  
  

Sports organisations should be very alive to the duty of care they owe their athletes and those engaged or otherwise involved with their organisation.

Tackling Bullying

1. Shared responsibility: creating a safe space and encouraging a “speak” out policy
   
   

Anti-bullying measures should not solely be the responsibility of a member of those engaged by the sports organisation. Parents, members, volunteers, players, coaches, and or officers should all take responsibility and feel empowered to safely call out unwelcome behaviour. Individuals should be trained on identifying concerning behaviour, so as to try to avoid concerning behaviours becoming normalised (across the sport, or in respect of certain individuals).

To ensure accountability across all levels and audiences, clubs could consider appointing Anti-Bullying Champions and should have Safeguarding and Wellbeing officers, who can cultivate the culture of a safe space and encourage people to come forward without fear of recrimination.

2. Procedures and training
   
   

A robust set of procedures should exist and be updated appropriately. Sports clubs and organisations should have and implement Codes of Conduct and Anti-Bullying policies and give careful thought to who and what behaviour should be captured by those policies (ie how far they wish and feel they are able to “cast the net”). Beyond the “usual” policies and procedures, organisations should consider what might be helpful for their organisation, and adapt accordingly, considering up-to-date approaches, such as a low-level concerns policy, for example.

Information about disciplinary (or conduct) procedures should be accessible and easy to understand and should stipulate the sanctions that can be imposed as a result of unacceptable behaviour. Effective policies and procedures ensure that appropriate measures and support are in place when incidents occur.

Policies and guidance should also be reviewed and updated accordingly. Employment or membership of the sports organisation should be conditional on acting in accordance with the relevant policies and procedures.

3. Support and keeping a record
   
   

Speaking up about bullying can be a difficult and overwhelming experience. Organisations should have measures in place to support people who have reported or are experiencing bullying in the organisation.

All complaints of bullying should be addressed promptly. Reports and complaints should be encouraged, from the use of open discussions to incident report forms. Records of disciplinary or conduct processes should be kept in accordance with data protection laws.

4. Sanctions
   
   

Organisations should feel empowered to impose sanctions where required. Resulting sanctions will vary depending on the status (ie employee, member, official etc) of the individual concerned, but could range from a written warning, a suspension or a permanent ban from practising the sport.

5. Implementing change
   
   

Importantly, and perhaps the most basic yet fundamental point of all, is that organisations must deal with allegations of bullying. Zero tolerance is a well-used term, but the principle underpinning it remains as true as ever: always do something.

Unfortunately, despite proactive measures, it is not always possible for sports organisations to prevent bullying from taking place. However, when bullying does occur, it is important to address it in a timely and consistent manner and learn lessons from each case in order to implement future change. Questions that sports organisations can ask include “what went wrong” and “what can we do to stop this happening in the future?”

By taking the proactive steps in dealing with and discouraging bullying we have outlined above, sports organisations can ensure that meaningful change is enacted, making sports a safer and more inclusive environment for everyone.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2024