Following a six-week trial earlier this year, London Central Employment Tribunal has handed down its 105-page reserved judgment in Bansal-McNulty v (1) Queens Park Rangers Football and Athletic Club Limited, (2) John Yems and (3) Crawley Town Football and Social Club Limited (ET 2201376/2023). The press summary of the judgment can be found here and the judgment can be found here.
Summary of the Case
Amrit Bansal-McNulty was a QPR academy player. He was loaned to various clubs, including Crawley Town FC at the beginning of the 2021/22 season. His loan at Crawley was initially due to end in January 2022 but was (in effect) extended for the remainder of that season. Mr Bansal-McNulty’s contract at QPR was for a fixed term and ended on expiry in June 2022 unless QPR decided to renew the contract, which it did not.
In the first half of 2022, complaints were made to The FA concerning Mr Yems’ (the Crawley Manager for most of the 2021/22 season) alleged improper behaviour related to race. An investigation ensued and The FA instituted disciplinary proceedings against Mr Yems. Mr Yems was, following an FA Appeal Board decision, ultimately given a three-year suspension from footballing activity.
By a claim form presented on 14 February 2023, Mr Bansal-McNulty asserted that, whilst at Crawley, he was subjected to discriminatory and unwanted conduct at the hands of Mr Yems, for which he said that Crawley is also responsible. He also levied claims of victimisation against Crawley, but these claims were withdrawn.
Against QPR, Mr Bansal-McNulty brought claims of victimisation for its alleged belief that the Claimant had reported Mr Yems to The FA for discriminatory behaviour and claims that QPR subjected the Claimant to discriminatory and unwanted conduct on the ground of race. As part of his case, Mr Bansal-McNulty argued that by the very act of permitting him to go on loan to Crawley, QPR was discriminatory and that the non-renewal of his fixed-term contract amounted to unlawful discrimination, harassment, and victimisation.
The Tribunal’s Decision
In a detailed judgment, Employment Judge Nicolle sitting with non-legal members, dismissed all claims against QPR. The tribunal held that there was no evidence that QPR should reasonably have been aware that Mr Yems used “racist banter” and/or that “racism was rife” was Crawley (at [557]). This was a “bare assertion without any supporting evidence” and “there is no evidence to infer less favourable treatment of the Claimant in his loan to Crawley Town because of his half Indian heritage” (at [559]).
On the renewal issue, the tribunal found that there was “no evidence on which to infer that the non-renewal of the Claimant’s contract by QPR had anything to do with his race” (at [578]). By contrast there was, “overwhelming evidence as to the reasons why QPR did not renew his contract, to include, but not limited to, his not having made a first-team appearance for QPR, his relatively unsuccessful loan moves and that he would no longer be an under 21 player and therefore form part of the 25 man squad” (also at [578]). Further, “overwhelming evidence existed that there was no realistic prospect that the Claimant’s contract was likely to be renewed, and this should have been self-evident to him” (at [579]).
Joel Wallace and Mia Chaudhuri-Julyan, barristers in Littleton’s sports law group, appeared on behalf of QPR and were instructed by Centrefield LLP. QPR was also assisted by Asfandyar Qureshi and Carla Fischer at points in this case.
Joel Wallace is ranked in Sports Law and regularly appears in a variety of forums in sports cases, including regulatory commissions, arbitral panels and the Court of Arbitration for Sport. Prior to practice at the bar, Joel worked in the Regulatory Advocates’ Department at The FA. Joel has worked with clients from across the sporting spectrum, including national governing bodies, clubs, coaches, agents and high-profile athletes.
Mia Chaudhuri-Julyan is a rising star within Littleton’s sports law group. During pupillage, she was supervised by Lydia Banerjee (Head of Littleton’s Sports Group) and Joel Wallace. Mia is building a specialist practice in sports law, acting in regulatory, commercial and employment matters. She has worked on a broad range of sports cases in forums including governing bodies’ disciplinary panels, mediation, FA Rule K and other arbitral panels. She has assisted clients across the sporting landscape, from athletes to national governing bodies.
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