Should Team GB Athletes Have a Legal Right to Time Off Similar to Jurors or Military Reservists? Insights from Mark Callaghan and Chris Coombes, Senior Associates at the renowned employment law firm GQ|Littler.
An important issue arising from the Paris Olympic Games is the challenge athletes face when trying to take time off from their full-time jobs to compete. As the Paralympic Games approach, this issue of athletes needing time off for international events is likely to become more prominent.
Mark Callaghan, Senior Associate at GQ|Littler, notes that many athletes encounter difficulties when negotiating time off with their employers. He points out that the fear of being denied time off might prevent athletes from even requesting it, despite the possibility of approval.
Callaghan suggests that one potential solution is to draft employment contracts with greater flexibility. For instance, contracts could be adjusted to ease exclusivity requirements for employees involved in international sports. Alternatively, implementing an official policy for sporting leave could be beneficial.
According to Callaghan, “Most full-time employees have an ‘outside interest’ clause in their contracts, which generally prohibits them from engaging in external fee-earning activities without employer consent—side-hustles being a common example.”
He adds, “We already have statutory provisions for time off to perform public duties, such as jury service or Army Reserve duties. It’s reasonable to argue that athletes representing their country should be afforded similar statutory rights.”
Chris Coombes, also a Senior Associate at GQ|Littler, concurs: “World-class athletes often need to balance their sporting commitments with earning a living. Many do not solely rely on sports for income and must depend on employer flexibility or use their holiday allowance for training and competitions.”
“The current approach is somewhat ‘ad-hoc’ and varies by employer,” says Coombes. “While some employers are very accommodating, others are less flexible.”
“If the Government aims to enhance participation and representation in elite sports, it might be worth considering the introduction of statutory time off for Olympians.”
“In the meantime, proactive communication between athletes and employers is essential. Discussing sporting commitments during the contract phase and planning time off well in advance can significantly improve the likelihood of employer support for athletes’ international obligations.”