Could The FA do more to discourage racism? A review of the Bernardo Silva decision

Friday, 20 December 2019 Author: Thomas Horton

This article analyses The FA Regulatory Commission’s decision in the case of Bernardo Silva and considers the impact of the episode on combatting racism in football.

The facts of the case;
Decision and written reasons of the FA Regulatory Commission;
Sanctions available and comparable cases;
Comment – are we doing enough to kick racism out of football?

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Hits 12040 Posted in Athlete Welfare | Dispute Resolution | Employment | Articles

Tags: Athlete Welfare | Discrimination | Dispute Resolution | Employment | Football | Racism | Spain | The FA | The FA Regulatory Commission | United Kingdom (UK)

Written by

Thomas Horton

Thomas Horton is a barrister at 39 Essex Chambers.

In sports, Thomas regularly represents and advises clubs, athletes, intermediaries, and other participants involved in regulatory and commercial disputes. Thomas has been ranked as a ‘Rising Star’ (Legal 500, 2022 – London Bar) and a ‘Leading Junior’ for sport (Legal 500, 2024, 2025 and 2026 – London Bar; Chambers and Partners 2026 – London Bar), demonstrating his expertise and growing reputation in this practice area. Thomas regularly appears before sports’ governing bodies’ disciplinary panels and before specialist arbitration panels, including FA Rule K arbitrations. Thomas spent 12 months as an Associate Barrister in Squire Patton Boggs’ sports litigation team from 2021 to 2022. Thomas is also an appointed member of UEFA’s Pro Bono Counsel List (2022-2026) and Sport Resolutions’ Pro Bono Legal Advice Panel.