Can Athletes and Officials Be Disciplined for Out-of-Work Conduct in the UK?

This article considers the legal framework relating to out-of-work conduct by athletes and its potential impact on their ongoing employment relationships.

Introduction

We live in a world where there is ever-increasing scrutiny of the private lives of those in the public spotlight. Whether it be businesspeople, politicians or sport stars; the rise of social media has meant that individuals’ out-of-work behaviour regularly fills the front pages of newspapers.  Former Professional Game Match Officials Limited (PGMOL) Referee David Coote is a recent case in point. Social media attention involving a video of then elite referee Mr Coote making derogatory comments about Liverpool FC and their then-Manager Jurgen Klopp – closely followed by a video in which Mr Coote was allegedly seen with a suspicious substance whilst in Germany officiating at Euro 2024 – led to him being fired by the PGMOL. At the end of February 2025, he was also banned from refereeing in UEFA competitions until June 2026^[1].  The English Football Association (The FA)  issued him with an 8 week ban from "all football and football related activity" and ordered him to attend a face-to-face education programme^[2].  Mr Coote has also since been charged with making an indecent image of a child – a charge that he has now pled guilty to^[3].

None of the matters that resulted in these sanctions related directly to Mr Coote’s on-field performance in his day-to-day role. Rather, the occasions in question occurred when he was “off duty”.

This article looks at:

• Introduction
• The employment law framework in the UK
• How does the legal framework apply to conduct outside of work?
  • Social Media Cases and Reputational Damage
  • Protected Beliefs and Discrimination
• Can employers be vicariously liable for out-of-work conduct?
• How does the employment framework apply to sport?
  • The Connection Between Conduct and Role
  • Reputational Considerations in Sport
• High profile sporting examples
• Why don’t we see more sport-related employment litigation in the UK?
• What can clubs and individuals do to protect themselves in practice?
  • Policies and Culture
  • Acting Quickly But Decisively
  • Understanding the Rules
  • Managing Social Media and Public Image
• Is the landscape likely to change?