Rosie Kight

Rosie Kight is a barrister at Kings Chambers, having been called in 2018. Prior to her career at the bar, Rosie worked for over a decade as a solicitor specialising in employment law. Rosie has used her expertise to build a successful sports practice as a barrister, having acted for players in FA and Rugby Union disciplinary matters and as a Disciplinary Chairperson for British Cycling.[1] Rosie’s expertise in sports law has seen her recognised by The Legal 500 as a Leading Junior in Sport.[2]

1. What made you decide to transfer to the bar? 

When I started out as an employment law solicitor, I conducted most of my own advocacy in the Employment Tribunal and I loved it. A desire to make sure that I had experience in non-contentious employment law work as well as litigation resulted in a move to another firm, whose practice was to instruct counsel on all but case management type hearings. After a few years there, I realised just how much I missed advocacy and felt a need for another change. A colleague of mine who had initially been to bar school before switching to be a solicitor decided to switch back to the bar and this prompted me to consider transferring too. After looking into what was required and with support from the team at Kings Chambers, I made the switch.

2. How does employment law lend itself to the sports sector? 

Like dealing with players in the sports sector, although contracts and their negotiation is fundamental, employment law is not usually just about the terms of a contract. It is often about a person who has or perceives that they have encountered unfairness or discrimination in their place of work. What is more, there is usually a “rule book” in the form of an employee or staff handbook which sets out the procedure to follow, much like the handbooks or regulatory frameworks for governing bodies and the rules for employment tribunal proceedings. A sportsperson’s place of work could be a pitch, court or training ground and the types of issues they, or their clubs or governing bodies, require advice on have a considerable degree of overlap – from cheating in a match or by doping, to discriminatory conduct on and off the pitch. Advising on disciplinary or grievance proceedings in the workplace and acting as an advocate in employment tribunal proceedings provides a good grounding for sports regulatory hearings. In addition, the skills learned advising on employee exits can easily be re-purposed to advise on player and manager departures. 

3. What makes working as an employment lawyer in sport unique, compared to other sectors? 

As an employment lawyer in the sport sector as opposed to other sectors it is more likely you could be dealing with high profile individuals or clubs in whom the media has an interest. Transfer windows or forthcoming competitions can dictate work levels when it comes to player/manager movement or selection issues and the associated legal work meaning that instructions may come in peaks and troughs. Elements of sports law which overlap with issues in employment law readily become hot topics in the media, for example the issue of sex discrimination following the women’s world cup and transgender rights in relation to cycling. The sector is international in its scope too, which is not always the case for employment law issues in other sectors. 

4. Do you have any predictions for future legal developments in sport? 

I anticipate that the issue of gender and fairness in competition, a vital matter which remains in a state of flux across sports as we have seen in the Olympics, is likely to continue to develop and remain a controversial area for athletes, governing bodies and the spectating public alike for some time to come. Decisions made by the regulators and more widely, together with the implementation of revised policies and processes by individual sports will, I hope, provide greater certainty and clarity for participants in the future.  

In addition, not so much of a prediction but the recent Kings Speech reintroducing the Football Governance Bill as part of the new Labour government’s legislative programme is likely to result in much anticipated changes to how football is regulated, with the first independent statutory regulator tasked with regulating and supervising the operation of football clubs.

5. What is the biggest challenge of working in sports law? 

I think there are a couple of big challenges. First, breaking into the sports law sector itself and getting enough experience and knowledge of the various sports, regulatory systems and issues themselves can be difficult. Attending conferences and meeting people in a new sector can be a daunting experience, and then demonstrating that you have the necessary skills, experience and knowledge to secure instructions, so you can prove yourself to clients. I have been fortunate enough to work with very supportive people both in Kings Chambers sports team and the wider sports sector who have helped me get to the position I am in now. Notably, Steven Flynn who has been an incredibly positive force, encouraging me, introducing me to people, involving me in matters and proving the most valuable source of advice and guidance.[3]

I think the other big challenge, much like employment law, is keeping up to date with the latest decisions and updates to all the different regulatory systems as well as keeping an eye on current issues in sports law.  It is a fast-paced environment, but that makes it even more interesting and exciting.

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

If you have a passion for sport and think you would enjoy working in the sector, then talk to people already involved in working in sports to understand what they do, how they may be able to introduce you to others in the sector and where you might be able to start to carve out a role for yourself. Much will depend upon your existing legal expertise and interests but because law in sport covers a whole host of practice areas there is a world of possibilities. Once you have figured out what you could bring to the sector, look out for opportunities to broaden your experiences with pro-bono or voluntary work. Whilst the lack of financial reward might be a challenge, it will likely open doors for you and give you confidence. For me getting appointed as a chairperson for the disciplinary and appeal panel for British Cycling was a really good way of understanding the regulatory context of a sport I already enjoyed participating in and it gave me the confidence to seek out opportunities to act as an advocate in disciplinaries in other sports.

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

As trite as it sounds, there really is no such thing, particularly when you throw kids and a partner who spends time working abroad into the mix. Much will depend upon whether my working day involves attending in-person hearings (across Great Britain), or since COVID-19 hearings by video, or whether I am getting stuck into advice notes and other paperwork. The former usually requires an early start and the joys of a train journey. If it is the latter, I will try to fit in a PT session before getting started with work.  

I tend to be either in Court or at my desk poised to start a hearing by 9:30am, having spent some time beforehand doing any final preparation or checking emails.

Once a hearing has finished, then I’ll likely spend some time writing up, speaking to the client to explain outcomes and then looking ahead to the next few days and what preparation is needed for future cases.  

Some of my hearings are multi-day, others are shorter. Sports law cases tend to be by video, though some are now back to in person, tend to be shorter and also can happen in the evening rather than in the daytime.

It isn’t uncommon for me to be working quite late into the evening and the need for weekend work can also be quite frequent, particularly when I have had back-to-back hearings in the week. Then again, there are other days when cases settle or run shorter than anticipated and I can enjoy a more family-oriented work-life balance. I try to plan my diary to make sure that I get a good break over the summer and at points throughout the year to ensure I have enough downtime.

[1]https://www.kingschambers.com/barrister/rosie-kight/
[2]https://www.legal500.com/c/regional-bar/northern-circuit/sport/juniors
[3]https://www.sportslawcentral.com/slc-speaks-to/steve-flynn