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Qatar’s winter World Cup plan would cause chaos as clubs fall into employment law trap

A sports lawyer at Liverpool firm Middleton Solicitors says plans to switch the 2022 World Cup in Qatar to winter are unworkable due to UK employment law restrictions.

Sports law specialist James Conning believes that there are a number of fatal flaws in plans to move the Qatar World Cup, but key among them is the fact British clubs must abide by UK employment laws which entitle all contracted workers to annual leave.

“I cannot see how these proposals can realistically work,” he said. “Every player under contract is entitled to annual leave according to the Working Time Regulations 1998. But the proposed rescheduling of the competition due to the searing desert heat in summer may mean football continues without a break for two years.”

Under the proposals the Premiership would be split into two halves, either side of the tournament. It would finish around July, when preseason warm-ups are usually starting. The late finish would leave no time for rest as contractual obligations to sponsors and broadcast networks – plus agreements with other sporting events not to encroach on their time – would force the Premiership to press on with the following season as normal.

James says such a move would force clubs in the Premiership into a choice. Either renegotiate international players’ contracts, asking them to waive their right to annual leave and play without rest for 24 months, or field skeleton teams of young reserve team players just to get the 2022/23 season underway.

“The way the schedules are likely to map out could mean the players involved end up playing without a break for two seasons,” he said. “How would clubs structure deals signed in the years before the tournament? It is a situation which benefits no-one. Either players risk their personal health and careers by playing without rest, or the clubs take a huge risk by fielding squads of effectively reserve players, a prospect which will not please the sponsors who pour money into the league.”

There will also be a major financial impact on clubs operating in the transfer windows as prices are inflated as clubs try to bring in cover for injuries.

“A winter tournament would result in the January transfer window being reallocated or extended,” he said. “The logic behind the transfer window is that it is halfway through a season. If the transfer window was to remain in January straight after a World Cup in this would dramatically increase clubs’ activity during this period.

“Due to the inevitable injuries to players and clubs being able to assess the best players at a pivotal point in the season, this would result in a huge increase in inflation of transfer fees.

“Financial fair play regulations should limit this to an extent but I imagine that this will benefit football agents and registered lawyers most as it will be easier to sell a player after they have been in the shop window in Qatar and there will be a great demand to replace injured players.”

James Conning works within the Sports Law Department at Middleton Solicitors. The department is experienced in negotiating on behalf of players and clubs in all six upper levels of the UK football pyramid including the Premiership.

This was posted in Bdaily's Members' News section by Dan Minchin .