Joel Wallace

Joel formerly sat as an Adjudicator on The FA’s CFA Disciplinary Panel (now the National Serious Case Panel) and worked in The FA Regulatory Advocates department. He is a sports law purist in that he is frequently instructed in regulatory disputes and sports arbitrations. This includes disciplinary proceedings (such doping offences, discrimination, on and off-field misconduct, adult and child safeguarding, breach of coaching standards), licensing, registration and participant contracts. Joel has also been instructed and advised on commercial and employment matters in which sport forms the vital backdrop.

Joel is currently appointed to the Sport Resolutions Pro Bono Panel and a member of the Sport Resolutions Safeguarding Case Management Programme Legal Advice Service. Joel has also sat as the legal member of the England Athletics Selection Appeals Panel ahead of the 2022 British Commonwealth Games in Birmingham.

Although many of Joel’s cases are confidential (largely due to the nature of arbitration), the following case details are noteworthy:

Registration and Contract:

• Bansal-McNulty v QPR, Yems and Crawly Town FC (ET, 2023) – Represented QPR in successful challenge to a former player’s claims of breach of contract and unfair dismissal. Discrimination case is ongoing.
• Southend United v Lopata (The Contractual Disputes Panel, 2023) – Represented National League club in player contract dispute arising from payment of wages. Reporting found here and here.
• EFL League Arbitration Panel (2023) – Was led and represented a Championship club in a dispute over player registration allegedly affecting activity within the transfer window. Case involved complicated factual matrix and interplay between the RSTP and EFL rules.
• England Athletics Selection Appeal Panel (2022) – Legal panellist.
• EFL Player Related Disputes Commission Arbitration –  Acted for a prominent academy footballer in a dispute over whether compensation was payable on leaving the club. The arbitration involved complex issues over the interpretation of contracts, industry standards and costs.
• The FA v Sutton United (2016) – Breach of rule E1(b) for fielding a transferred player before the transfer was authorised by the FA per rule C1(g)(x).

Disciplinary (inc Agents), Safeguarding and Doping:

• An Intermediary/Agent v The FA (The FA Appeal Board, 2023) – Acted for intermediary and successfully appealed the alleged contravention of regulation B8(b)(i) and significantly reduced the intermediary’s sanction from a 6-month suspension and £1,400 fine to a 6-week suspension and £700 fine.
• UK Athletics Disciplinary Panel (Arbitration, 2023) – Sole counsel representing and advising an athletics coach in charges related to bullying. Agreed outcome reached.
• Sports Appeal Panel (Arbitration, 2022) – Represented a coach in an arbitration appeal and successfully argued that the chair of the disciplinary tribunal had acted ultra-vires.
• National Safeguarding Panel Arbitration (2022) – Part led and part acting as sole counsel in prosecution of an athlete for use of cannabis, supplying to a child and posting photos/videos of a child on Snapchat.
• Doping Proceedings – Advising and making written representations for a participant in a pre-charge correspondence where breach of UK Anti-Doping Rules is alleged. Charge has, thus far, not materialised.
• The FA Regulatory Commission (not reported, 2022) – Acting for The FA in prosecuting a player for off-field misconduct under rule E3(2).
• The FA Regulatory Commission (not reported, 2022) – Acting for The FA and making representations on sanction of a player following admission of a rule E3(1) offence.
• Amateur Swimming Association Appeal (2017) – Represented a coach at an appeal against sanctions in disciplinary and safeguarding case.
• The FA v Nathan Abbey (2016, whilst working for The FA) – Represented The FA in prosecution of discriminatory comments posted by an Arlesey Town FC manager on Twitter.

Law in Sport:

• Cornish v The FA (ET, 2023) – Represented The FA at proceedings to determine disability as a preliminary issue in a disability discrimination claim.
• Commercial dispute – Advised five-a-side tournament service in a commercial dispute with a pitch provider. The dispute involved consideration of the small-sided football regulations.
• Shareholder dispute – Advised on a shareholder matter involving a specialist and prestigious sports equipment provider.
• Rapid Retail v Sheffield Wednesday – Acted successfully in defending football club against a vendor contractual claim.
• Marketing consultancy dispute – Advised and provided representations for Marketing consultancy against a football club.
• Sponsorship agreement – Instructed to advise on a club kit sponsorship and supply agreement.

Joel practices across the gamut of employment and discrimination law, which includes civil contract claims, TUPE, business and asset sales, mergers, discrimination and harassment, victimisation whistleblowing, investigations and dismissals. Joel acts for both business (from a range of sectors, including boutique, manufacturing, finance, education, charities, and public bodies) and employees.

Joel has a particular specialism in topical disputes. This includes acting in so-called “culture wars” cases which raise issues pertinent to sex and transgender rights, race, religion and beliefs, and freedom of speech. He has also advised and acted extensively in the furlough-related claims arising out of the COVID-19 lockdowns. Finally, Joel has a particular interest in modern working arrangements and the contractual, discriminatory and worker rights issues that arise from them. Such sectors include gig-economy workers, multi-level marketing businesses (“MLMs”), influencers, content creators and online management and production firms.

Examples of Joel’s work include the following (due to the sensitive nature of some instructions, specific individuals, organisations and institutions have been anonymised):

Appeal Cases

• Sleath v West Midlands Trains (under appeal before the EAT).
• Boesi v Asda EA-2021-001186-VP (EAT, 2023) – Appeared for Respondent in matter regarding hypothetical comparator in disability discrimination claims. Mrs Justice Eady P gave oral judgment for Respondent. Written transcript requested but yet to be published.
• DWP v Boyers [2022] EAT 76, [2022] IRLR 741 – Appeal against the tribunal’s decision to dismiss the employer’s justification defence in a discrimination arising claim. The appeal provided important clarification on the law relating to justification and the balancing exercise. The case has received considerable attention within the legal community (eg Harvey on Industrial Relations, and the IDS Employment Law Handbooks).
• Morgan v DHL Services Ltd (EAT, 18 December 2020) – Represented the appellant employee who was successful in overturning the tribunal’s decision to strike out claims of direct race discrimination and harassment related to race. The EAT agreed with Joel’s submission that the tribunal ought to have expressly addressed, if not considered, the employee’s assertions of deceit.
• Brooke v Sanders Polyfilms Ltd (EAT, 18 August 2017) – Successfully appealed a tribunal’s decision to dismiss the Claimant’s amendment application. The Claimant sought to add detriment and unfair dismissal claims under the Employment Relations Act 1999, s 12 to his claim.

First Instance and Pre-Action

• Trotman v Romero Multi Academy (ET, 6 March 2023) – Successfully applied for costs in circumstances where the Claimant witness admitted that he had lied to the tribunal during cross-examination.
• Davies v Staffordshire Fire and Rescue Service (ET, 20 November 2022) – Acted for the fire service in part-time worker discrimination and unfair dismissal claim. Tribunal held that managerial responsibilities extended to a workplace WhatsApp group in which homophobic and insubordinate comments were made.
• Johnson v TBAP Trust and The London Borough of Haringey (ET, 17 October 2022) – Defended education provider against a victimisation complaint with underlying issues involving the correct application of TUPE.
• A Dispute – Advising and defending client against complaints of discrimination and harassment based on gender critical beliefs.
• A Furlough Matter – Acting for and advising national employer on disability discrimination and reasonable adjustment disputes arising out of the Coronavirus Job Retention Scheme.
• Sleath v West Midlands Trains (ET, 29 July 2021 and 17 November 2021) – Acted for rail service provider in philosophical belief discrimination and unfair dismissal complaint arising from an employee’s Facebook post. The claimant employee raised issues of freedom of speech and the preliminary hearing on qualifying belief (amongst other matters) was possibly the first case to apply Forstater (see press reports in the Times and Daily Mail).
• Harmsworth v 21^st Architecture Ltd (ET, 12 April 2021) – Defended respondent Architect firm against section 128 application for interim relief.
• Rodgers v Caverswall China Co Ltd (ET, 2 December 2020) – Acted for a high end, fine-bone China manufacturer against a claim that its rejection of an application amounted to maternity leave discrimination, or direct and indirect sex discrimination. All claims were dismissed.
• Re a Consultancy (2020) – Instructed to act for the respondent in a section 128 application for interim relief and gave advice on merits.
• Ketlinska v Holland Mountain Group Ltd and Ors (ET, 5 February 2020) – Represented a former employee of a private capital consultancy who succeeded in her discrimination arising from depression, anxiety and panic attacks, and a failure to make reasonable adjustment claims.
• Re a Security Firm (2019) – Advised on the application of the working time regulations in the provision of security and logistics services.
• Shaw v Nottinghamshire CC (ET, 3 October 2019) – Defended the respondent local authority in the two-week trial of claim involving multiple whistleblowing detriment The tribunal held that the claimant was not a reliable witness, illustrated by her answers in cross-examination.

Civil Cases

• A Dispute – Instructed to represent client with gender critical beliefs in discrimination claims against an association.

Joel’s complementary commercial and contract law practice is varied. He is comfortable in cases concerning bankruptcy, winding-up petitions, debt claims, insolvency as well as a more typical array of B2B and B2C contractual disputes (finance, hire-purchase agreements, consumer rights, etc). Given his aligned employment specialism, Joel is also at ease when dealing with claims at the interface of contract, consultancy and employment, including restraint of trade, bonus payments, commission, TUPE, redundancy and issues concerning share-purchase agreements.

Clients turn to Joel from a wide array of sectors. In recent years he has advised and acted for and against professional football clubs, a sports regulator, a large social media company, an events company, a beauty and skincare company, business consultancy firms, care service providers, construction companies, and banks.

A snapshot of Joel’s considerable commercial and contractual experience includes (see also Joel’s sports law experience):

• Re Recruitment Firm – Advising and assisting with correspondence in respect of the enforcement of undertakings.
• Re an Events and Professional Education Firm – Advised and assisted with pre-action strategy in respect of alleged covenant breaches (including alleged breaches of non-compete and non-solicitation).
• Azets Holdings Ltd v Redwood Wales Ltd & Ors (QBD) – Acted for a defendant in interim injunction arising from an alleged unlawful team move.
• Re a Sports Tournament Organiser – Advised and drafted pleadings on behalf of a national tournament organiser in respect of a dispute over bookings and interpretation of national sports regulatory provisions.
• Leaseplan UK Ltd v Serita (Newcastle) Ltd and Ors (CC, January 2020) – Successfully represented a vehicle leasing company in respect of a fleet hire and contract dispute both at first instance and in an application for permission to appeal.
• Re a Car Restoration Partnership – Acted and advised in a dispute over assets following the dissolution of a high-end car restoration
• Re an International Social Media Company (QBD) – Advised and represented a former employee of a social media company in a High Court, breach of contract dispute. A central issue in the dispute involved the application of TUPE and determining the identity of the transferee in complex company group structure.
• Re a Recruitment Agency (ChD) – Defended a recruitment company, its management, and staff against a springboard injunction application in the High Court made by a former employer of some of the staff. The injunction involved breaches of confidentiality, fidelity, and restrictive covenants.
• Re a Shareholder Agreement – Drafted and advised on the recovery of loan money connected to an offshore shareholder agreement.
• Rapid Retail v Sheffield Wednesday – Acted successfully in defending football club against a vendor contractual claim.
• Re Accountancy Firm – Advised a partner of a medium sized accountancy firm on entering into a new partnership agreement and whether doing so would be a breach of restrictive covenants.

Joel’s practice turns increasingly to modern employment, business and sporting relationships. Joel is well equipped to work for or against social media outlets, advise on worker status within modern working arrangements, and represent parties where the digital space lies at the heart of the dispute.

In his sports practice, Joel is frequently instructed to represent parties in arbitration. As such, Joel is very familiar with the Arbitration Act 1996 and proceedings which take place under the Act.

Sports

• “Pitfalls of Sports Federations Playing Judge, Jury & Executioner – A Review of Turk v FIM”, (2022) LawInSport
• “VB Football Assets v Blackpool Football Club (Properties) Ltd & Ors [2018] EWHC 1232” (Ch), (2018) Lexis Analysis

Employment

• “Clarity for Irregular Workers: Paid Annual Leave Accrual in the Supreme Court” (2022) Lexology
• “Annual Leave in the Court of Appeal: Another win for Gig Workers” (2022) Lexology

Commercial

• “Directors Duties to Creditors: Does BTI 2014 v Sequana Bring Clarity or Confusion to the Duty?” (2022) Littleton

Talks and Speaking Events

• “Law students need to stop waiting for that Suits moment” (2018) Legal Cheek

Sport Resolutions Safeguarding Case Management Programme Legal Advice Service

Sport Resolutions Pro Bono Panel

Former chair on The FA’s CFA Disciplinary Panel (from 2017 to 2021)

Employment Law Association Member

Awards and Scholarships

Middle Temple – Queen Mother Scholarship (Formerly Middle Temple’s most prestigious scholarship)

Middle Temple – Blackstone Exhibition

BPP – BPTC Excellence Award

BPP – Advocacy Scholarship

Languages

Norwegian (fluent)

Education

Bar Professional Training Course – BPP Law School

LLM – UCL

GDL – City

BA Theology (First Class) – University of Nottingham