For decades, professional sport operated in a manner which would appear alien to modern employers. In summary, clubs held the power, and players had very little say in determining their own futures. That reality reflected the legal concept of a “master and servant” referred to in several cases by judges including Lord Denning.
In football, clubs effectively controlled player registrations, even after expiry of contracts, meaning that a player could not join another employer unless “released” by the club or sold to another club.
Scottish football has many examples of clubs and managers who exercised significant control over players’ professional and personal lives. Freedom of movement, a fundamental feature of modern employment relationships, was severely restricted. The balance of power sat firmly with clubs.
Everything changed with Jean-Marc Bosman. The landmark 1995 ruling by the European Court of Justice (CJEU), after a lengthy litigation process, transformed professional football and was one of the most influential employment law decisions in sporting history. Bosman successfully challenged rules which prevented him from moving freely to a new club after his contract expired. The consequences were immediate and profound.
Players whose contracts had ended now had the freedom to move without requiring to be released by the club and with...
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