16 January 2019

Varnish loses fight for ‘employee status’ against UK Sport and British Cycling

Jess Varnish, cycling’s former European team sprint champion, has lost her employment case against British Cycling and UK Sport. The case had threatened to impact how UK Sport offers grants to British athletes in future, potentially forcing the body to introduce benefits and increased protection in the event of disputes or grievances.

Her management issued a statement saying: “Judgement was received at 1700 today and it has been found that Jess Varnish was neither an employee or a worker of either British Cycling or UK Sport”. Varnish, who was dropped by the British cycling squad in 2016 before the Rio Olympics, had sought to sue for wrongful dismissal and sexual discrimination.

The cyclist had alleged she was the victim of bullying and sexist language, particularly from now-departed technical director Shane Sutton. British Cycling had maintained that Varnish was dropped on performance issues alone. Varnish had argued that her status was akin to an employee of the sports body and UK Sport, and she was therefore entitled to basic workers’ rights.

UK Sport, welcoming the decision, said: “The verdict provides reassurance that the relationship between UK Sport, National Governing Bodies and athletes is as it has always intended to be, which is to provide the means and support for talented athletes to achieve their dreams of realising success at the Olympic/Paralympic Games.

“Whilst this verdict did not find Jessica Varnish to be an employee or worker of UK Sport or British Cycling, we have already taken action to strengthen the duty of care and welfare provided to athletes and are ensuring that avenues for raising any concerns are effective and appropriate.

“It also gives us confidence that the structure of the relationship between other National Governing Bodies, their athletes and UK Sport can continue in a similar way but we will reflect on the concerns that were raised through this case when finalising our future strategy for post Tokyo.

“We regret for Jessica Varnish, her partner and her family that pursuing this case was considered the best course of action she had to address the concerns she felt she experienced as an athlete on the British Cycling World Class Programme. We hope Jess feels proud of the success she achieved through cycling and we wish her all the very best for the future.”

• This article was originally published on Keir Radnedge’s internet site on 16 January 2019. Click here for the original, and click here for a statement from Jess Varnish.

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