A Black Barbadian professional footballer has made British legal history by becoming the first player to win a racial discrimination case against a professional football club.
And the favourable decision may have serious repercussions for all English professional sports clubs, say legal experts and others familiar with the issues raised in the case.
An employment tribunal in Kent has ruled in favour of Mark McCammon, 33, who had represented Barbados in a number of international football matches and played for about four British clubs, including Chelsea and Swindon. It found that he had been a victim of racial discrimination at the hands of Gillingham F.C.
And while the club and its chairman Paul Scully have complained that the verdict left them “staggered”, the Barbadian said he was “relieved” that he had been given a chance to present his case. He expressed the hope that the outcome would spur other players who have suffered in silence to come forward.
“Mr McCammon hopes his success will make other players feel free to raise legitimate complaints of discrimination and not suffer the traumatic treatment that he has for doing so,” his solicitor, Sim Owolabi, said in a statement after the verdict was announced.
It was the first time in English football history that a black player had hauled a professional team before a tribunal, charging racial discrimination.
Lord Herman Ouseley, chairman of Kick It Out, football’s equality and inclusion campaign, described the decision as a “landmark ruling” that “will have implications for all clubs about the way they treat people and do not discriminate against them on the grounds of colour, race, ethnicity or anything”.
After hearing the evidence from all sides, including testimony from McCammon and Scully, the Tribunal decided Gillingham had unfairly fired the Barbadian because he was black.
The panel concluded that the club’s witnesses had colluded in the preparation of their statements leading to his dismissal and had also done so in the preparation of evidence before the tribunal.
“Mr McCammon is astounded that the club went to such great lengths to both dismiss him and win their case before the tribunal,” said the player’s solicitor.
The Bajan in 2008 was Gillingham’s highest-paid player, earning the equivalent of BDS$10 000 a week.
In his complaint, he charged that while an injured white teammate was flown at the club’s expense to Dubai for treatment by an expert physiotherapist, he was denied private medical care when he was injured.
He was told by the club, he charged, to get an operation provided by the National Health Service.
In addition, he said, on November 30, 2010 when south-east England was hit by a snow storm, he and two other black players were ordered to make a four-mile journey to the club’s medical rooms through treacherous road conditions while white players were told they did not have to make the trip.
“One of my housemates had contacted another player who lived about two miles nearer to the club who was also due to attend the medical centre with us that day,” the Barbadian recalled. “He was a white player who had informed us that the club physiotherapist had told him that he was not required to come in that day because of the snow.”
When he arrived at the club, McCammon said, he went to the office of Andy Hessenthaler, the manager, to confront him about the decision to order the Blacks to come to the club, but Hessenthaler became angry and pushed over a table, knocking over a computer.
“It was the most aggressive and temperamental display of tantrum I had ever seen,” the player said.
Shortly afterwards, Gillingham FC ordered him to attend a disciplinary hearing and then dismissed him. McCammon accused the club of putting him through hell.
After he was fired, the footballer said, 11 other clubs showed an interest in him but negotiations with all of them collapsed, usually at the last minute.
“My agent was told by other agents that the job he was doing was an impossible one as they were aware that GFC (Gillingham) were effectively campaigning covertly against me with the intention of sabotaging my career,” McCammon said.
Reacting to the verdict, Gillingham said it was “hugely disappointed, in fact staggered”, by this decision.
“As an organization we are an equal opportunity employer and do not discriminate against, nor victimize our staff,” it said. “This case is the first of its kind to be brought against the club in its entire history, a history that has seen the club employ many thousands of staff of various races, religions and creeds, none of whom have ever felt the need to bring such a claim.”
When the club chairman appeared before the tribunal, he had characterized McCammon’s complaint as being malicious and untrue.
Gillingham has not decided if it will appeal the verdict.
