IS this the end of free transfers in the UK?
The transfer market was radically changed by the advent of free transfers for players whose contracts had overrun – the so-called Bosman ruling. This only came about because of a decision of the European Court of Justice that the practice of requiring transfer fees for out-of-contract players breached the EU principle of free movement of workers.
Once the UK leaves the EU this law will no longer automatically apply and free transfers between UK clubs could also cease to be. The position will be more complicated if players are moving to and from European clubs where the principle of free movement can still apply.
It may well be that Uefa will make it a requirement of their rules that free transfers must continue with clubs or national football associations facing financial or other penalties for breaching those rules.
There is also the practical consideration that clubs, players and agents may not wish to go back to the previous position; it may suit them to continue with free transfers.
For example, out-of-contract players undoubtedly have an interest in ensuring they can more easily find a position in another club (especially where they are out of favour with a manager) and it also gives them leverage with their current club as they can argue the need to be tied down to a new contract or move for nothing elsewhere.
There are also benefits to the clubs, especially those without significant resources. Although it is a potential source of income, those lacking the transfer funds of the top clubs may look to the example of those enterprising managers over the years who have used free transfers to build squads that were competing with rivals for a fraction of the cost in transfer fees.
Currently, footballers can transfer from a European club to a British one with no real restrictions. This is because one of the fundamental principles of EU law is the free movement of workers. Once the UK leaves Europe this will no longer apply.
It is not yet clear which immigration rules the Government plans to introduce after Brexit and how these will impact the football transfer market. There has been talk about “points-based systems” or allowing “highly skilled” workers to come in from Europe but there was also rhetoric at the Conservative Party conference about UK businesses being required to encourage local talent and provide training and jobs to UK citizens.
Given the long-running debate about the impact foreign players have had on the development of UK players, and the pool of talent available for national teams, it will be interesting to see how the Government balances the competing interests of football clubs wanting to sign the most talented players against the apparent desire to ensure local talent is developed.
An argument can be made that football clubs should not be given a preferential treatment under any future immigration rules, particularly when there are other professions that may be considered more essential. For example, there is likely to be a real need for construction workers to ensure the completion of a swathe of upcoming infrastructure projects – such as HS2, Hinkley Point and the third runway at Heathrow.
And there are industries like agriculture, hospitality and parts of the health service that depend on migrant labour. The question is whether priority should be given to workers that meet these needs as opposed to footballers.
A consequence of Brexit might mean British players cannot move to European clubs as easily.
Although there has not been the same trend of outward movement of UK players, it is not clear what border controls the EU will place on UK citizens coming into Europe for work or even for holidays but there is likely to be some form of control a hard Brexit is to take place.
This is likely to impact on UK footballers looking for a move to Europe.
Peter O’Donnell, partner at Thompson’s Solicitors and life-long Greenock Morton fan
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