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27 Jan 2011

Is the Premier League liable for the behaviour of football commentators?

Sky Sports commentators and pundits Richard Keys and Andy Gray's comments about assistant referee Sian Massey have focused attention on sexism within the world of sport and sports television. Keys and Gray have resigned and been sacked respectively but, asks law firm Lawrence Graham's Yvonne Gallagher, is the Premier League liable for the behaviour of football commentators?

"The new Equality Act means that employers are liable for the actions of others in harassing their workers if they have not taken reasonable steps to prevent the harassment. Liability arises only once an employer knows that an individual has been harassed on at least two other occasions. In light of the Andy Gray/Richard Keys debacle at Sky, the Premier League is surely now on notice that Sian Massey has been the subject of conduct which violates her dignity or creates an offensive intimidating degrading or humiliating environment for her. The Premier League and the clubs have taken action against racism on the terraces; is it time now to tackle sexism?"

Yvonne Gallagher
Partner, Head of Employment and Pensions
Yvonne Gallagher
.