Speedway Riders - Employment Status?

[Little Thumper]

Excuse me seeming a little dumb here but would I be right in assuming that all speedway riders are self-employed or are they on some kind of zero hours contracts?

 

I would not think they were employees of speedway clubs as then all kinds of employment legislation would become applicable, such as minimum wage, sickness and holiday entitlements.

 

So if they are self-employed, they can ride for whoever is offering a place and can negotiate their rates of pay accordingly. And clearly, promoters could not impose a uniform pay rate, as this would breech competition regulations.

 

I'm sure somebody will be an expert in this field and can explain how it works.

 

Thanks.

 

 

[WembleyLion]

You are correct in assuming Speedway riders are self employed.

 

Also despite what some clubs would have you believe they do not actually own riders as assets!

[Bruiser McHuge]

When my brother in law rode he signed a contract with the club for that season which gave hime an agreed pounds for points and other bits like if he wanted reduced money but a bike and van provided or extra money but no bike and van...once that was signed it was completely up to him to sort out his own tax and everything ...so I'd say they were totally self employed ..but I guess each contract is different...

As for being an asset...not sure how that works..when there was talk of him riding again there was talk of hin being owned by a certain club but I'm not sure how that could be enforced if you only ever signed season by season...it's a very grey area that one I would say

[A ORLOV]

When my brother in law rode he signed a contract with the club for that season which gave hime an agreed pounds for points and other bits like if he wanted reduced money but a bike and van provided or extra money but no bike and van...once that was signed it was completely up to him to sort out his own tax and everything ...so I'd say they were totally self employed ..but I guess each contract is different...

As for being an asset...not sure how that works..when there was talk of him riding again there was talk of hin being owned by a certain club but I'm not sure how that could be enforced if you only ever signed season by season...it's a very grey area that one I would say

It seems that the speedway authorities has stated that once a rider has ridden so many meetings for a club that the rider becomes an asset of that club, but I cannot see how in law that this can be the case, unless the rider signed a contract agreeing to the terms that he would become an asset. There must be a few riders who are that good when they come to the UK that they can make up their own contract without the asset condition in it or with a time limit on how long they are controlled by the club.

A club in the UK cannot tell a rider which clubs abroad he can ride for, so legally the rider is not an asset of the club, it is purely a restriction in this country so I am not sure if it would stand up in law and a restriction put on riders by the authorities.

Edited October 10, 2016 by A ORLOV

[waiheke1]

There is no way the asset system would stand up if challenged in court. Essentially it's a zero hour contract which precludes you from working for anyone else in the industry in the uk for an indefinite period of time..

[Little Thumper]

There is no way the asset system would stand up if challenged in court. Essentially it's a zero hour contract which precludes you from working for anyone else in the industry in the uk for an indefinite period of time..

 

So, as I understand it, the basis on which many speedway riders are "employed" is at best ill-conceived and at worst in breach of employment regulations.

 

If a court was to determine that speedway riders were effectively being employed on a Zero Hour Contract then they are free to look for work elsewhere and negotiate in a free market environment and considering someone to be an "asset" would have no standing in law.

 

It might appear that speedway promoters are trying to have their bread buttered on both sides and this position may become untenable.

 

Just my opinion, obviously.

[A ORLOV]

 

So, as I understand it, the basis on which many speedway riders are "employed" is at best ill-conceived and at worst in breach of employment regulations.

 

If a court was to determine that speedway riders were effectively being employed on a Zero Hour Contract then they are free to look for work elsewhere and negotiate in a free market environment and considering someone to be an "asset" would have no standing in law.

 

It might appear that speedway promoters are trying to have their bread buttered on both sides and this position may become untenable.

 

Just my opinion, obviously.

As riders are self employed any conditions come down to the contract that a rider signs. It may be that the contract would not stand up in court if questioned or the rider ignored it. What I do find strange is that a club think they have rights over what a rider can do beyond the length of contract.

[Humphrey Appleby]

No-one has yet legally challenged the asset system in speedway, which is why it still exists. However, it's hard to imagine its survival if anyone ever did, although in practice I don't think asset holders really dare to make it difficult to sign for another team for that reason.

 

I actually think tracks genuinely developing riders - by which I mean run training schools and development teams etc.. should be compensated in some way, but it should only extend to riders for a limited period and not indefinitely.

[Little Thumper]

So, in British speedway terms which clubs are the best payers, either for points scored or attendance money and do the ones who pay the most money always get the best riders?

 

Where a rider in a team doesn't score many points at a meeting, do they get some kind of fall-back payment so that at least their earnings might equate to that provided by the National Minimum Wage?

[A ORLOV]

So, in British speedway terms which clubs are the best payers, either for points scored or attendance money and do the ones who pay the most money always get the best riders?

 

Where a rider in a team doesn't score many points at a meeting, do they get some kind of fall-back payment so that at least their earnings might equate to that provided by the National Minimum Wage?

The riders are self employed and would be paid as their contract states, the payment has nothing to do with the minimum wage.

[pete cc]

The National nimimum Wage does not apply unless you work so many hours per week. A race last 60 seconds, so 4 minutes per meeting. I think they may be better off as they are now.

[Little Thumper]

The riders are self employed and would be paid as their contract states, the payment has nothing to do with the minimum wage.

 

Thanks for your help with this, A ORLOV!

 

So riders are self-employed but have a contract - what kind of contract would that be?

 

Obviously, it wouldn't be an Employment Contract as they are not employees.

 

So I assume it must be a "contract to provide goods and services".

 

Think I'm getting a grasp of this now!

[WembleyLion]

Yes they have a contract to provide their services!

[Little Thumper]

Yes they have a contract to provide their services!

 

I see.

So a similar set up to Uber taxi drivers.

Many thanks.

[*JJ]

I actually think tracks genuinely developing riders - by which I mean run training schools and development teams etc.. should be compensated in some way, but it should only extend to riders for a limited period and not indefinitely.

The problem is that there are very few teams which actually try to 'develop' riders, if any at all. Training schools are usually run by individuals who are not necessarily involved with the promotion of the track, and MDL teams are usually composed of riders who volunteer themselves! This is, in my experience, done in spite of the promoters (who try to profit from the system) not because of them.

[SteveLyric2]

Those riders from 'non-EU' Overseas countries who require visas to ride in the UK, will have to have agreed their 'deal' with a club for more than just one season - 2 or 3 years in some cases - so in effect those clubs do have some control over where riders can ride, unless the rider submits a Visa re-application or amendment with the club's blessing.

[Humphrey Appleby]

Those riders from 'non-EU' Overseas countries who require visas to ride in the UK, will have to have agreed their 'deal' with a club for more than just one season - 2 or 3 years in some cases - so in effect those clubs do have some control over where riders can ride, unless the rider submits a Visa re-application or amendment with the club's blessing.

The difference is that's a contract and work permit riders have to be paid a minimum wage.

 

Merely being on the asset list of a promotion doesn't mean a rider is contracted, far less paid anything, yet in theory their parent promotion can still decide who they ride for.

[Lord Skid]

Once you sign the multi coloured proper contract, the Promoter owns you for as long as he wants to, that's a fact.

And all the BSPA members abide by that, the first Rider to challenge that would not get a Team place in the UK.

You are contracted yearly from March to October, but you are still owned 24/7 by your Parent club when your seasons contract ends.

[Little Thumper]

Once you sign the multi coloured proper contract, the Promoter owns you for as long as he wants to, that's a fact.

And all the BSPA members abide by that, the first Rider to challenge that would not get a Team place in the UK.

You are contracted yearly from March to October, but you are still owned 24/7 by your Parent club when your seasons contract ends.

 

Wow! Makes Sports Direct look like a logical and compassionate employer.

Sooner or later, someone is going to test this arrangement in a court of law and I am not minded to believe that the position adopted by the "employer" will be tenable.

 

There could be two possible outcomes to such an upheaval - either speedway would disappear as promoters would file it under "too difficult" or speedway in this country would be restructured in a totally new format with a more community, grass-roots bias.

 

I find it hard to believe that any sport's governing body could believe that they operate in their own insulated little world and that they could simply adopt and enforce rules and regulations that are appealing to themselves and to the detriment of others.

 

just my opinion, obviously.

[Shale Searcher]

Those riders from 'non-EU' Overseas countries who require visas to ride in the UK, will have to have agreed their 'deal' with a club for more than just one season - 2 or 3 years in some cases - so in effect those clubs do have some control over where riders can ride, unless the rider submits a Visa re-application or amendment with the club's blessing.

Ahhh, like Jason Doyle did with Leicester...... 3 yr deal as I was lead to believe, DH did lots of work to sort that out for Loyal Doyle, and he blew us out when he got his GP status after 2 yrs.... So deals aren't worth the paper they are written on!!

Edited October 14, 2016 by Shale Searcher