Jess Varnish LOSES the long running legal battle with British Cycling after her appeal against the result of the labor court has been dismissed by the court
- Jess Varnish accused Shane Sutton of bullying and sexism
- She brought British Cycling to the labor court, arguing that she was an employee
- That would have enabled her to bring proceedings for wrongful dismissal and sex discrimination
- She lost the original case and this week her appeal was dismissed by the court
Jess Varnish’s long-running legal battle with British Cycling is over after she loses her appeal to the labor court.
The former British rider has had an argument with the governing body since she was kicked out of the Olympics before Rio 2016.
Sportsmail revealed that Varnish had allegations of sexism and bullying against Shane Sutton, who was then the technical director of British Cycling, and she took the governing body to a labor court.
Former track cyclist Jess Varnish has lost her long-running legal battle with British Cycling
Varnish tried to prove that she should have been considered an employee of British Cycling
The ex-European champion argued that she should have been considered an employee of British Cycling, which would have allowed her to bring legal action for dismissal and sex discrimination, and could have had a huge impact on the employment status of state-funded Olympic athletes.
Varnish lost her first job in January 2019, but won the right to appeal, which was heard through a video call in May.
However, the 29-year-old’s appeal was rejected yesterday (Tuesday), leaving her nowhere else to go in her battle with British Cycling.
In the written judgment, the appellate judge, Mr. Justice Choudhury, ruled: “The (original) tribunal had the right to conclude, on the basis of an evaluative judgment, taking into account all relevant factors, that the claimant was not an employee or an employee .
Varnish was removed from British track cycling for the 2016 Olympics
“The tribunal had not been mistaken in assessing the status of the worker, nor had it reached conclusions that a reasonably well-targeted tribunal could not have reached.”
Varnish, who no longer cycles and now lives in Switzerland, has not commented on the verdict.
A British Cycling spokesperson said: “We believe that British Cycling’s relationship with riders representing this country is not that of an employer-employee, but that of an organization that supports dedicated athletes to use their potential.
This view was supported in law by the First Tribunal, a verdict confirmed by Jess’s appeal dismissed today.
Varnish lost her original employment court in January 2019 and has now also lost the appeal
“We had tried to find a solution with Jess much earlier, so we regret that she was advised to follow the path of an employment court when other avenues were open to her.
“Because of our responsibility to represent the interests of any rider hoping to participate in Olympic or Paralympic Games, that decision meant we had no choice but to oppose her case.
“Since Jess expressed concern about the Great Britain Cycling Team in 2016, we’ve made significant changes to the culture and processes of our powerful program.
“Four years later, and while we are always looking to improve, we are happy to say that the wellbeing of staff and riders remains our top priority in our high-performance program.”