Could Lookman take legal action over Atalanta coach’s criticism?

Saturday 22 February 2025 12:00 pm
 |  Up to date: 

Friday 21 February 2025 3:06 pm

Footballer Ademola Lookman discovered himself on the centre of a storm this week when his Atalanta coach publicly derided his penalty taking abilities. However did Gian Piero Gasperini go too far? Lawyer Chris Deeley explores the case.

All of us make errors at work often. Generally, we’re additionally unfortunate sufficient to have our bosses name us out on our errors. Nevertheless, most of us will fortunately by no means expertise a boss going to the press to inform the world precisely how badly they suppose now we have achieved our jobs. 

That’s what occurred to former Premier League footballer Ademola Lookman this week. His workforce, Italian membership Atalanta, crashed out of the Champions League shedding 5-2 to Membership Brugge, with Lookman lacking a penalty. 

After the match, Atalanta supervisor Gian Piero Gasperini was extremely vital of Lookman in a press convention, calling him one of many worst penalty takers he had ever seen. 

Nigeria worldwide Lookman – who was born in London and beforehand performed for Everton, Fulham and Charlton Athletic – has since issued his personal assertion saying it was “disrespectful” to be singled out for what he felt was unfair criticism.

Except for arguably being unprofessional and ill-judged, can there be greater authorized penalties for employers for publicly criticising staff? 

One risk is that the worker might deliver a declare for constructive unfair dismissal, assuming they’ve accrued two years’ service. Briefly, this entails an worker resigning on the spot, as a result of their employer has breached their employment contract so critically that the worker is entitled to deal with the contract as having ended. 

Most often, constructive dismissals contain a breach of the mutual obligation that’s implied by regulation into all employment contracts, for each employer and worker to keep up belief and confidence in each other. This implied obligation is so basic to the employment relationship that any breach of it is going to be thought-about repudiatory, i.e. entitling the worker to deal with themselves as constructively dismissed. 

Case regulation has additionally established that an worker being rebuked publicly or in entrance of shoppers could be a breach of this implied obligation, even the place the criticism is essentially factually correct. As such, employers must be very cautious about publicly commenting on staff’ efficiency, and definitely utilizing open critique as a motivational instrument must be prevented. 

May Lookman sue for defamation?

In excessive eventualities there’s additionally the danger of an worker elevating a defamation declare. This already occurs often round references, the place previously some staff have efficiently sued former employers for giving inaccurate destructive references which have price them future work alternatives. 

This doesn’t limit correct criticism from being given in a focused reference – fact is a defence to defamation claims – however within the case of Atalanta and Gasperini even this might be a stretch since Lookman had scored all 4 penalties he had beforehand taken for the membership – hardly “worst ever” territory. 

After all, although English soccer golf equipment are topic to the identical legal guidelines as some other enterprise, soccer hardly ever runs on the identical concerns as “regular” employers. 

A part of that’s because of the cash concerned – for instance in England the present statutory cap on unfair dismissal compensation is £115,115 – lower than three weeks’ reported wages for Lookman. This makes litigation pretty unappetising, particularly as constructive dismissal requires the worker to resign and sacrifice their revenue stream. 

Alternatives in top-level soccer are additionally scarce and so being seen as a “troublemaker” or a dangerous funding, even unfairly, could be deadly to a profession. With out a main escalation, then, it doesn’t seem to be a lawsuit between Lookman and Atalanta would go well with anybody – aside from the legal professionals. 

Chris Deeley is an employment affiliate at full-service regulation agency JMW Solicitors in London.