Zero hour contract footballers ?

[Brian Young]

The SPFL’s failure to oversee payment of the going rate for players could open a financial plughole from which many clubs may never climb.

The warning from the players’ union, PFA Scotland, comes in the aftermath of a 41-page document written on behalf of the SPFL by their lawyers Harper Macleod.


The failure and inability to pay national minimum wage, at least £7.20 an hour for players aged 25 and over, is a mounting worry for clubs, especially in Scotland’s lower leagues.


 

The Harper Macleod report, written in September by partner Bruce Caldow, made suggestions for SPFL clubs, including the introduction of zero hours contracts that have earned business figures like Sports Direct’s Mike Ashley notoriety.


Caldow also advised the SPFL to request the Scottish government exempt football from national minimum wage legislation if the issue ever becomes devolved.

It is the latest twist in an issue covered by Record Sport – and tomorrow, we will name and shame clubs still abusing the system ahead of a meeting at Holyrood next week between the SPFL, SFA, MSPs and grassroots campaigners.

Harpers MacLeod contract of Employment for a Professional footballer
Harpers MacLeod contract of Employment for a Professional footballer
 

The contents of Harper Macleod’s report will feature largely in the meeting of the petitions committee, which can order government legislation of the game if the football authorities don’t step up to the mark.

Over the last six years, grassroots campaigners Willie Smith and Scott Robertson have worked tirelessly to expose abuses and flaws in the governance of the game, particularly in the compensation system between Scottish clubs and youth footballers.

Now they have turned to the minimum wage – and the Harper Macleod report exposes concerns officials such as PFA Scotland chief executive Fraser Wishart believes the game must confront, or else.

Part of the report reads: “An option for clubs is to bring in contracts for players that pay on the basis of hourly pay, with pay varying from week to week or month to month, depending on time spent working.

“The rate of pay would have to be at least the national minimum...interesting issues could arise over an injured player. This could be perceived to be akin to a zero hours contract which are, at present, not in favour in general political life.”

Kieran Doran playing for St Mirren
 

It’s believed HMRC are studying several clubs – St Mirren paid around £1500 to youth player Kieran Doran, admitting minimum wage breaches – but the Harper Macleod report suggests clubs could lobby Holyrood for an exclusion from the legislation. It added: “An option to explore in future, is whether lobbying could secure a legislative amendment to exclude professional footballers from legislation. This may become more possible if the matter is devolved.”

Minimum wage legislation could half the number of professional clubs in Scotland as many can’t afford the going rate and may go amateur.

It could also challenge many clubs if ex-players on tenner-a-week deals demand back pay of sums to which they were entitled but not paid.

The report warns: “There are significant risks attached to not properly recording pay. Aside from claims by players going back years, compliance officers can enforce on behalf of the state (in order to raise tax receipts), criminal prosecutions and employers can be ‘named and shamed’.”

EXCLUSIVE: SPFL and SFA bottle it and turn blind eye to minimum wage dodge in Irn Bru Challenge Cup

 

A copy of the document was sent to every Scottish senior club and has also been handed to Record Sport.

Wishart said: “The concept of a zero hours contract is abhorrent and would be unworkable as employees don’t have to accept the offer of work. Imagine a manager asking a player to be available on a Saturday between 2pm-6pm but is told he can only work 2pm-4pm so he’ll play the first half as he’s going to a wedding.

“Lobbying for exemption? It would be impossible if the issue was devolved. We don’t understand why the SPFL can’t see the longer this goes on the more likely it is HMRC will go through Scottish clubs with a fine tooth comb. We believe they have already visited several Scottish clubs and are speaking with others.

“National minimum wage is the law. Legislation was first introduced in 1999 and it remains to be seen if former players could go back so far in time and demand back pay.

Fraser Wishart (Image: SNS Group)
 

“It could be a huge financial issue for the Scottish game. If one player makes a complaint HMRC are likely to go through the books of that club.

“It’s time the SPFL sat down with us and drew up a code of minimum standards and practices.”

Scottish football is having to face the facts of legal process, which should be backed by the SFA through the agreement drawn up by UEFA and the world players’ union, Fifpro.

It guarantees national labour laws are respected but Record Sport will publish documents tomorrow that show our clubs frequently ride roughshod over the law.

The issue will be raised again next week at Holyrood with Cathcart MSP James Dornan among politicians set to quiz the SPFL and SFA. He said: “The tradition of football is to police in house. It too often falls back on the old adage: ‘It’s always been done this way.’

“It’s time for football to respect players and the law. The chickens are coming home to roost.”

SPFL lawyers tell clubs players must go on ZERO HOUR contracts to avoid government pay levels

[German Rover]

Shouldn't be allowed. Football clubs consistently pay wages across the board that are lower than in other industries for equivalent positions.  I'll soon be joining the private sector and looking at the wages clubs pay, frankly I wouldn't get out of bed for what they're offering.

The players do no better, they're paid next to nothing chasing the dream of a football career that is, for a number of reasons beyond them. The club's pay them a pittance and when they don't make the grade they are very quick to dispose of these young lads.

Horrible exploitative industry that gets away with it because it supplies us entertainment on a Saturday afternoon.

[Brian Young]

It will come across the board sooner than we think IMO as wages are what's driving the transfer market . Players will be selected on pay per play particularly in the lower leagues as clubs swap and change to find the "Gem" and only he will be get a contract  .

[idler]

I heard today that Salford are paying their players £30,000 a week and they haven't even made the Conference.
They are now all full time and the manager is on £35,000. I wonder how they can hope to keep that up?

[RedJ]

They're not. They're paying some about £3k a week which is ridiculous for that level though.

[GazLaz]

35k a year maybe. Jermaine Pennant is the highest paid player in the non league apparently. £3k a week at Billericay.

[idler]

Sorry, I did mean a year not week. They got rid of 17 players at the end of last season so obviously want to give it a go.