GB Contracts Conflict

Members Area In the News
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Pidgeon flies in face of UK contract
By Tom Knight
(Filed: 23/06/2006)

Emily Pidgeon, the European junior 5,000 metres champion and one of Britain’s brightest prospects, risks losing her Lottery support because she will not sign the athletes’ contract introduced this month by UK Athletics.

Pidgeon, 17, is one of about 500 athletes who will be asked to sign the contract as part of UK Sport’s plan to introduce accountability into the distribution of Lottery funding. According to UK Athletics, 187 athletes have already been sent contracts and many have been signed.

The deadline for signing is looming and the fear is that Pidgeon may not be the only athlete who refuses to sign.

In an article written for Athletics Weekly, Pidgeon’s father, Stephen, said he could not allow his daughter to sign because it “exploits athletes”.

Dave Collins, the UK Athletics’ performance director, said he would seek urgent talks with the Pidgeon family. “I don’t want to be in a position not to be able to provide talented athletes with support,” he said.

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BRITISH ATHLETICS WEEKLY COMMENT ON CONTRACTS
Comment

Athlete contracts – if you are in any doubt, then don’t sign

ON a wonderful weekend for performances, the major talking point among the athletes was that approximately 450 of them have been asked to sign “Performance Athlete Agreements” this month.

UKA will not allow the actual contract itself into the public domain, stating that it is confidential and refusing even to supply a sample copy to AW. However, we have been told that the wording places significant obligations on athletes without really giving any additional benefits.

The document is apparently close to 30 pages long. If athletes choose not to sign it, they will not have access to any sources of funding, to performance staff and medical services, or be eligible to receive a televised event agreement.

Under these contracts UKA’s obligations are fairly simple, basically providing what you would expect a governing body to do, whereas athletes have to agree to many different detailed obligations.

Many of the athlete obligations are fundamentally unfair. Athletes are forbidden from speaking out against UKA or their commercial partners, and can only engage a personal coach licensed by UKA. Even then, personal coaches have to agree a training and competition plan with the UKA “performance contact” and indeed there does not seem to be much of a role for a personal coach.

By stating that these are not employment contracts, UKA are trying to get conveniently around employment legislation.

However, what really matters is whether these contracts will assist athletes as they develop through to world class. You have to ask yourself, are these contracts actually going to help athletes win medals? If you look back at previous gold medal winners, true champions are individuals, not the products of a rigid system.

A number of athletes are asking AW what they should do. Without having seen the contract, it is difficult to advise. But, if you want to be an Olympic champion in 2012 and are thinking about signing a contract, ask yourself whether our great champions such as Seb Coe, Daley Thompson, Steve Ovett and Linford Christie would have signed these contracts?

We are pretty sure they would not have signed them, so why should you?

Matthew Fraser Moat, Publisher

Full story in issue 61-24 of Athletics Weekly.

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Bloody nightmare!! As if things aren’t bad enough already, these rocket scientists wish to extend their control to all aspects of the athlete’s life, training, coaching, and competition . And, if as expected, everything turns to shit, the association is protected because no-one can speak out about it. Whenever athletes are being sold out, it is done with as little warning as possible to prevent an uprising from having time to form.

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i forsee alot of uk athletes defecting to other countries.

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gulf coast states are gonna be picking up some sprinters.

ali chamberallise.

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Good on Mr Pidgeon for refusing to let his daughter sign. I actually guess he would have to sign as guardian on her behalf.

If in doubt don’t sign.

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PROBLEM IS THAT THESE CONTRACTS ARE A PREREQUISTE FROM UK:SPORT (THE PEOPLE WHO FUND UK:A) TO ENSURE THIER MONEY IS SPENT CORRECTLY (!)

ALSO NOTE THAT LOTTERY FUNDING IS SIGNIFICANT FOR MANY SPRINTERS. UPTO £32,000 A YEAR FOR THOSE IN THE 4X100M SQUAD.

AS FOR THE “MUST BE A UKA QUALIFIED COACH” WELL THAT ISN’T REALLY A PROBLEM AS QUITE OFTEN THEY WILL FAST TRACK YOU IF YOU ARE COACHING AN ATHLETE ON THE SCHEME SO YOU BASICALLY GET GIVEN THE QUALIFICATION FOR FREE.

You can read the contract here:

http://www.ukathletics.net/vsite/vfile/page/fileurl/0,11040,4854-176327-193545-108336-0-file,00.pdf

And here is a frequently asked questions regarding them:

http://www.ukathletics.net/vsite/vcontent/content/transnews/0,10869,4854-130891-19728-20273-259522-13435-5150-layout126-132199-news-item,00.html

Athlete contracts have now been issued to athletes on the World Class Podium and Development programmes and a sample can be viewed on the UK Athletics Website. Below are some frequently asked questions to help you understand the subject:

Why is UK Athletics (UKA) introducing athlete contracts?

The contract brings together the requirements of the UK Sport Performance Athlete Agreement, the UKA Televised Event Agreement and UKA commercial and ambassadorial agreements under one connected and coordinated structure. The contracts ensure both UKA and the athletes become more accountable.

Is this a contract of employment?

Athlete contracts are not a contract of employment and the signing of them will not create an employment relationship between athletes and UKA.

What is the contract then?

A legally binding agreement between UKA and athletes that clearly identifies obligations in relation to both the World Class Pathway and UKA related commercial activities.

Who is the contract for?

There are two contracts, one for athletes who are on the World Class Pathway and a revised version for athletes who are selected for the Great Britain and Northern Ireland team (non-lottery funded).

How many athletes are involved?

In any given year 400 to 500 athletes could be on a UKA contract. That includes those on the World Class Pathway, and those who may be selected for GB and NI teams.

When do the contracts have to be signed by?

Contracts have been sent to all World Class Podium and Development Athletes (able bodied and disabled) and have to be returned signed by Wednesday 28 June 2006. Contracts for World Class Talent athletes will be sent out to them early in July following confirmation of their funding.

GB and NI team contracts will be sent out as and when an individual is selected for the GB and NI team. The only exceptions to this will be athletes who are in receipt of UKA performance funding who will receive their contracts in July.

Do athletes have to sign the contract?

Athletes must sign the agreement in order to receive benefits of the contract such as lottery funding and services, UKA commercial benefits, and eligibility for a televised event agreement.

What happens if they don’t sign?

Any athlete who does not sign will not be able to receive lottery funding, access to support services as part of the World Class Pathway Programme, commercial funding and support from UKA, or be selected to receive a televised event agreement.

What if a large number of athletes refuse to sign. Will contracts be abandoned?

No - it is a condition of UK Sport that athletes sign a Performance Athlete Agreement as defined in our contract. To abandon athlete contracts would lead to the funding, support and back-up it provides being withdrawn from athletes

Also this is about developing a change in culture and an increase in accountability. In addition we have committed ourselves to a review process to assess how the contracts are working and any areas of real concern can be looked at.

How long do contracts last for?

The contract for those who are in receipt of lottery funding will last for the term of the lottery cycle - i.e. for these contracts until 31 March 2009. GB and NI team contracts will last for one year following selection. As stated above – we have committed ourselves to a review process on how the contracts are working so that any areas of concern can be looked at.

What does the contract include?

The contract includes a series of obligations for UKA and the athlete in a number of areas. UKA has to meet obligations in relation to :

  •     the World Class Pathway

  •     Commercial and Communication activities

  •     policies and procedures, (i.e. selection, de-selection, anti- doping etc).

Athletes have identified obligations in the following categories:

  •    code of conduct

  •    training and competition

  •    availability for selection

  •    fitness, injury and illness

  •    anti-doping

  •    clothing and equipment

  •    commercial and equipment.

What constitutes an athlete appearance?

Each athlete is contracted to provide up to 3 full days in support of the National Lottery or their funding partners (those on the World Class Pathway only); 2 days in support of UK Athletics and/or their Commercial Partners and 1 day in support of the Athletics Foundation. A day can be up to 8 hours including travelling time.

An appearance can be for a promotion, meeting, photo shoot, interview, filming, charitable event, school visit, club visit, political lobbying or other event. It could also be written articles for publication on the UKA website or in UKA publications and/or the use of the athletes name or image to support a programme or event.

Are athletes obliged to make any appearance over and above those contracted?

UKA can request up to an additional 6 appearances from an athlete at agreed rate although the athlete is not obliged to provide these appearances. Athletes have been categorised into four groups for these payments depending upon their performances and media value - The Podium, Achievers/Up and Coming, Lottery Funded and GB and NI team (non lottery funded).

What duties are athletes asked to carry out as a member of the GB and NI Team?

If selected for the GB and NI team, athletes are requested to carry out the following official GB and NI team duties wearing GB and NI team kit:

  •        press conferences / announcements relating to team selection

  • all elements of team travel

  • send off’s and homecomings

  • photo shoots promoting a Commercial Partner held at send offs, homecomings, during travel, training and at holding camps

  • opening and closing ceremonies

  • GB and NI team competition within main stadium and warm up areas

  • GB and NI team training/holding camps

  • media activity relating to GB and NI team including press conferences relating to the announcement of injury, illness or retirement; media interviews during training/holding camps organised by UKA or a Commercial Partner; media activity at warm up, stadium venues and within mixed zones and press conferences relating to post event analysis

  • activities associated with the promotion of the World Class Pathway at the contractual events

  • official team photo shoots and kit launches

  • promotion / announcements of GB and NI team events on behalf of UKA.

What do the contracts mean in terms of selection?

Athletes agree to be available for selection for the National Trials, the European Track and Field Cup, and the major international event of that year - Olympics, World, European or equivalent age-group event. For disabled athletes this is 2 events.

Athletes who participle in the indoor season are required to be available for the National Indoor Trial and the major event of that year. Athletes who participate in Cross Country are required to be available for the European and/or World Cross Country Championships.

Can athletes still expect to be selected if they have not signed contracts?

Yes - policies are in place for selection and de-selection and these will be adhered to. Team selection will be on performance and all athletes will be judged on merit, not on whether or not they have signed a contract

Do the contracts cover athletes making public statements?

Within the contract there are clauses to be adhered to by both UKA and athlete in relation to not making public statements that are detrimental to the reputation of the athlete, derogatory and/or offensive in relation to the athlete, UKA, the World Class Pathway or a Commercial Partner. The exception to this is of course “fair comment”.

Of course, if an athlete has a genuine grievance there is a disciplinary and grievance document which will outline the process for resolution. Grievances will be investigated by an independent investigating officer within a set time period. The athlete panel will also have a role to play in resolving disputes fairly.

There are ways to deal with disputes and one would ask why someone feels that speaking to the media is the only method of voicing a grievance.

Also why should we encourage someone to openly criticise the NGB, or key funders who are providing support for them? The emphasis is on ensuring professionals behave professionally.

What other benefits will the contracts provide?

Performance Bonus Payments will be made on an annual basis to athletes who achieve podium, or in some cases top 8 placings, at identified competitions.

We are also working with our Commercial Partners to identify further benefits for the athletes, such as preferential rates and discounted goods etc

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a few immediate thoughts. check the appearance section (up to 6 more). We all know this is where big money can be made- at least used to be. As long as UKA gets to sponsors and gets them on board, appearances will need to be through them in a price-fixing cartel. Athletes will get a fraction of what they’re getting now and those additional appearances will end up as the only game in town. Athletes who are convinced that they can make it big would be well advised to steer clear of such an arrangement. A little money now may cost HUGE money later- this is, of course, what UKA is counting on!

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"There is a grievance document WHICH WILL outline… Does this mean that the athletes will sign NOW on the promise of a grievance clause being provided at a later date?? If it exists, where is it?
The note goes on to say: “there are ways to deal with disputes…” What are those ways? If they actually exist, can the athletes know them before signing?

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So UKA is saying: Here’s what you have to do now- and we’ll let you know what we’ll do in due course.

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What is the duration/exit clause for the UKA contract?

Perhaps the thing to do would be to sign up while you are a “developing” athlete and then, when you know it’s “your time” coming into a new season/year take a punt and go freelance, back your judgement/form and go for some “enterprize bargaining” with the promoters. Of course if it’s a four-year fixed contract, that may present problems, especially if you think you’ll be top-five in the world midway through the term of the contract.

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That’s just it. there’s no way they’ll let you out once they can make more from you.

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Radcliffe contract still unsigned

Paula Radcliffe has still not signed a central contract with UK Athletics (UKA), even though the deadline expired almost a year ago.

Radcliffe has not put pen to paper on the deal, meaning she is not eligible for lottery funding or allowed to run in the Norwich Union Grand Prix season.

The disagreement relates to Radcliffe’s own sponsorship deals, and her wish to choose her own race programme.

Rising star Emily Pidgeon, 17, is also still to sign the contract.

The complicated deal has several controversial clauses, including a ban on public criticism of UKA officials and athletes.

Speaking last year, Pidgeon’s father Stephen complained that the contract was weighted in favour of UKA.

“If you read the terms of this contract there are parts of it that, as a businessman, I would never sign,” he told BBC Gloucestershire.

“If somebody brought a contract like this to me I would throw it out because they were being unreasonable.”

UK Athletics said it is confident of reaching agreement with Radcliffe as negotiations continued.

“Paula has a complex range of contractual obligations to a number of sponsors,” said UKA chairman Ed Warner.

"The standard UKA contract imposes its own contractual obligations and reconciling those is a very important issue for Paula and her team, which I completely respect.

"We don’t have any other athletes with that level of achievement. And, by extension, we don’t have any other athletes with that range of financial commitments that go with her genuinely super-world-class status.

"It is always the risk when individual athletes in any sport become mini-business empires. We live in a commercial world and that is the situation here.

“We are not overly fazed by it and I don’t expect Paula is either.”

The deadline to sign the contract officially expired on 28 June last year.

Meanwhile, it is still unclear when Radcliffe will return to competitive action after she suffered a stress fracture to her spine while giving birth to her daughter Isla in January.

“She is a genuine world class athlete. She will race when it is appropriate to do so for her long-term goals - I will certainly not be rushing her back into a GB vest,” said UKA performance director Dave Collins.

"She will have targets for Beijing and beyond and I will facilitate her in that.

“She has committed to performing in Beijing and I am very excited that she has committed to performing in 2012 and it is up to us to give her the framework to do that.”

http://news.bbc.co.uk/sport1/hi/athletics/6707395.stm