By Mark Baber
July 18 – Striker Papiss Cisse is not participating in Newcastle United’s tour to Portugal, as the dispute between the player and his club escalates over the club’s insistence that he wear the logo of legal loan-sharks Wonga on his shirt, against his personal Muslim beliefs.
Newcastle signed a deal with Wonga in October with the high-interest pay-day lender taking over sponsorship of the club shirts from Virgin Money for 2013-14 season for a reported £8m a year.
The deal has met with widespread opposition, including from fans, some of whom are refusing to buy the new shirt, as well as local leaders, including Newcastle Council Leader Nick Forbes who has condemned the social consequences of pay-day lending on the local community.
Cisse is being advised by the Professional Footballers Association (PFA), and whilst a compromise may be in the interests of the sponsor, the club and the player, negotiations are reportedly “strained” and are being conducted in an environment where Cisse has been subjected to a hate campaign by far-right groups.
There is an uncertain legal framework surrounding the negotiations. Under UK discrimination law, requiring a practising Muslim to promote a business that profits from usury could be indirect discrimination on grounds of religion or belief. However, indirect discrimination may be permissible where it serves a legitimate aim and is proportionate. Cisse’s offer to wear an unbranded or charity branded shirt may militate against an argument by the club on this basis.
If the club were to take, or has taken, steps against Cisse on the basis of his refusal to comply with discriminatory requirements, such as refusing to allow him to train with the rest of the squad or to take part in a pre-season tour, they could run the risk of breaching implied terms of their employment contract with him, which may justify a claim for constructive dismissal – which could prove to be an expensive PR disaster, as well as an expensive loss of the club’s leading striker.
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