Emma Nicol

The case

SBG was employed by the club Lyon as a footballer in 2021 when she informed them of her pregnancy. On 26 March 2021, SBG was put on ‘sick leave’. On 29 March 2021, SBG and Lyon mutually agreed that she could return to her home country of Iceland for the duration of her pregnancy.

On 8 June 2021, the Union National des Footballeurs Professionnels (UNFP) contacted the club on behalf of SBG enquiring after why she had not been paid her full salary, claiming that due to new FIFA regulations, SBG’s full salary had to be paid for the duration of her pregnancy, until the beginning of maternity leave.

After further correspondence, SBG stated that she was due her accrued salary and housing allowance, asking over a period of a few months for the specific amounts due. Her employer disputed this stating that due to the fact that she was on sick leave, and was not able to carry out her duties as a footballer, she was not entitled to her pay, stating, “the rules regarding sick leave compensation in accordance with [the Club’s] company agreement on work time and the French legislation”. SBG disputed this by stating that she was not given the opportunity to carry out a different role for the club during her pregnancy.

This was considered at the FIFA Tribunal, where it was found that, as the club did not offer an alternative role to SBG during her pregnancy, and that they were not correctly following FIFA regulations, but instead French law, they owed SBG the salary she had not been paid. The FIFA Tribunal ordered Lyon to pay her EUR 82,094.82.

Since the judgement has been made public, SBG has commented that, “This is not ‘just business’… This is about my rights as a worker, as a woman and as a human being.” SBG stated that she had intended to stay at Lyon but has since moved to Juventus.

This case has put a spotlight on maternity pay, not only in the sporting world, but for those in all industries. It is a wake-up call to all employers to ensure that the correct laws (and regulations) are being adhered to, not just the one that appears to be most convenient.

Enhanced maternity pay in the UK

This is not only a FIFA issue. Looking at the case in relation to maternity pay and enhanced maternity pay in the UK, it is clear that employers must ensure that employees are receiving the right pay during pregnancy and maternity.

In the UK, employees on maternity leave are entitled to pay for 39 weeks. This comprises 90 per cent of your average weekly earnings for the first six weeks and £156.66 or 90 per cent of your weekly earnings (whichever is lower) for the following 33 weeks. However, in recent years, there has been an increase in UK employers that offer enhanced maternity pay to their staff. That is, maternity pay exceeding the minimum Statutory Maternity Pay.

A 2021 study found that nearly two thirds (65 per cent) of UK employers pay employees some form of enhanced maternity pay. Whether this be full pay or half pay for an increased number of weeks, it appears that many employers do not believe that statutory minimum for maternity pay is enough to support their employees.

While there is no legal requirement to offer enhanced maternity pay to employees, most employers are recognising that there are benefits in doing so. There are significant benefits when it comes to retention and recruitment, as employees are more likely to feel supported and valued when their employer offers enhanced maternity pay. This is clear from the SBG case, as she was not paid the correct salary during her pregnancy and, in turn, did not feel valued by Lyon and is now playing for another club.

Emma Nicol is a trainee at Blackadders LLP