Robert Lassey

Robert Lassey is a barrister at 9 St John Street Chambers, specialising in employment and sports law. In relation to the latter, he predominantly acts for high-net-worth individuals and large sports organisations. Recent instructions have seen him act for a football manager in a claim for unfair dismissal, as well as for Fylde FC in various employment-related disputes. Robert also frequently represents football referees and other match officials charged with misconduct offences by the FA. 

1. When did you first start working in the sports sector? 

The short answer is that I’ve been working on sports cases for most of my professional career. The slightly longer answer is that, shortly after I joined 9 St John St, I was given the opportunity to assist one of the silks in Chambers with one of his cases. Conscious that the silk in question was (and still is) one of the leading sports law barristers in the country, I knew that I needed to work hard to make a positive impression. Happily for me I was able to do just that, and was soon given a further opportunity to work with him on another case. From there, I was fortunate enough to be recommended to a solicitor who specialises in sports law and whom I again worked hard to impress. The rest, as they say, is history. 

2. Please can you tell us more about the crossover between employment law and sport?

There’s a huge degree of crossover between employment law and sport. The main reason for that is because, at their core, sports organisations are employers just like any other. They hire people to run their day-to-day operations and manage their business interests, and they are bound by the same legal obligations towards those working for them as everyone else. For that reason, they typically encounter the same sorts of issues that arise in most employment relationships, such as disputes around employment status, unpaid wages / breach of contract, whistleblowing, unlawful discrimination, and unfair dismissal. The recent Supreme Court case on the employment status of football referees, Benjamin Mendy’s high profile employment tribunal claim against Manchester City, and the Azeem Rafiq scandal at Yorkshire County Cricket Club are all good examples of this crossover. 

3. What makes working in employment cases in sport unique, compared to such cases in other industries? 

Sports cases are distinct from other employment law cases for two main reasons. Firstly, the nature of the work lends itself to high-value claims and high-profile clients. Whilst most employment cases are interesting from a legal and academic perspective, they rarely attract the sort of publicity that sports cases do. Again, the cases cited in the previous answer demonstrate that. Secondly, sports cases often have additional commercial sensitivities that you need to be aware of, such as the need for sporting bodies to maintain sponsorship deals and external investment, or the desire for professional sports players to maintain their privacy. Considerations such as these often require you to adapt your approach to ensure that all your client’s objectives are met. That in turn requires you to be familiar with how the industry operates on both an institutional and sectoral level. Whilst these issues do sometimes arise in other cases too, they are especially prevalent in the world of sport. 

4. Please can you tell us about an interesting case in sport that you have worked on?

I recently represented a football manager in a claim for unfair dismissal that was due to be heard before the employment tribunal. The manager in question was dismissed mid-season for alleged underperformance following a string of poor results which had placed the club in danger of relegation. Whilst that is not a particularly uncommon situation for a football manager to find themselves in, the interesting feature of this case lay in the decision to issue legal proceedings for unfair dismissal. In their defence, the club attempted to argue that they had acted fairly in dismissing the manager on the grounds of capability (one of five potentially fair reasons for dismissal). Like most dismissals of this kind however, the problem was that they had done so without following any kind of recognised procedure. Fortunately - and much to the relief of clubs up and down the country no doubt - I was able to resolve the claim on the eve of trial meaning that the club’s argument was never formally tested. I still sometimes wonder what the tribunal would have made of it. 

5. What legal developments in sport do you envisage?

That’s an easy one. The government’s new Employment Rights Bill looks set to have significant implications for the sporting sector when it is eventually brought into force. As luck would have it, I recently co-authored an article for LawInSport on this very topic where the likely impact of the government’s proposals are discussed in some detail. In short, the article identifies three measures which are likely to generate the most interest: banning zero-hour contracts, enhancing maternity protections, and extending ‘day 1’ unfair dismissal rights. Whilst much of the finer detail still needs to be worked out, there are inevitably going to be some big changes in store for us in the months and years ahead. We learnt only recently for example, what “initial period of employment” means in terms of an employee’s probation (it looks like the government is going to settle on somewhere between three and nine months), and that the time limits for bringing certain types of claims are likely to be increased (to six months). Watch this space…

6. What advice would you give to aspiring sports lawyers?

Two things: Firstly, I would say it’s never too early to start building your CV. Start by attending networking events and training sessions, writing journal articles, or posting about cases / interesting developments on blogs or social media platforms. Remember, sports law is a very niche area of practice and many solicitors and barristers who specialise in it are ex-professional sports players themselves who will likely already have connections to the industry. As an aspiring sports lawyer, you will have to work hard to get yourself into those rooms and build those connections. It’s not easy, but the payoff is definitely worth it in the end. Secondly, you will need to be patient. It takes time to build a career in this area. For most (myself included), it’s a gradual process and it certainly won’t happen overnight. Rest assured; opportunities will come your way if you seek them out. Your job is to make sure you make the most of them when they do! 

7. Please can you describe a typical day in your life?

I’m sure other barristers have probably said this too, but one of the truly great things about life at the Bar is that there really is no “typical day” at all. Every day is completely different. Personally, I think that’s a good thing. It keeps me sharp and ensures that I am always at the top of my game in every case. In an area of law where your clients are often high-profile and their claims high-value, expectations are also (rightly) extremely high. The only way to ensure those expectations are consistently met is by devoting significant amounts of time and energy to the preparation and presentation of your cases. Cliché as it may sound, there really is no substitute for good old fashioned hard work in this job. So in answer to your question, a typical day for me always involves the same thing - a lot of hard graft!