Following on from his previous one article on Australian A-League footballer Josh Cavallo, Associate Tom Pimenta discusses Jake Daniels’ recent decision to speak out publicly and the potential further implications for footballers and their clubs from an employment perspective.
In October 2021, Adelaide United midfielder Josh Cavallo emerged as the only active male top-flight footballer. Further positive steps were taken on 16 May 2022 when 17-year-old Blackpool striker Jake Daniels made the bold decision to reveal to the public that he is gay.
Jake Daniels
Speaking to Sky Sports News, Daniels said: “I hope that by coming out I can be a role model to help others come out if they want to. I’m only 17 but I know I want to do it and if other people look at me and think maybe if I come out they can do it too, that would be great.
“If you think this kid is brave enough to do it, I will too.
“I hate knowing that people are in the same situation as me. I think if a Premier League footballer comes out that would just be amazing. I feel like I did my job and inspired someone else to do it. I just want things to go up from here. We shouldn’t be where we are now.”
While Josh Cavallo paved the way for other professionals and other athletes to appear in other leagues, Daniels can be the icon raising the profile of British football. Given the notoriety of English football, his decision is bold enough. However, given his age and the length of the career that lies ahead, his testimony is all the more relevant. The earlier trend, as outlined in the earlier article on Josh Cavallo, mainly showed that male footballers did not feel comfortable coming out until they retired from football, or at least towards the end of their careers, notable examples including Thomas Hitzlsperger and Robbie Rogers.
Hopefully Daniels, 17, and Cavallo, 21 when he came out, have embedded an enduring legacy in modern football by removing any stigma of being a professional male footballer and being gay. Both should not be mutually exclusive and men’s football could learn a lot from women’s football in this respect. There were only 24 teams at the FIFA Women’s World Cup 2019, but 40 participants were openly gay or bisexual.
The legal situation
As set out in the previous article on Josh Cavallo, sexual orientation is a protected characteristic under the Equality Act 2010 and as such there are a number of legal claims that could arise in relation to homophobic treatment, including:
- direct discrimination– homophobic remarks or negative treatment by teammates, coaches, staff or even third parties due to the complainant’s sexuality.
- harassment– Unwanted conduct related to a person’s sexuality, which has the purpose or effect of offending a person’s dignity or creating a hostile, degrading, degrading or offensive environment would amount to unlawful harassment.
- victimization– If a player suffers disadvantage, for example not being selected to play a game because of an allegation of discrimination, then this would amount to victimisation.
Within the framework of vicarious agent liability, these claims can be asserted against the employing football club if the discriminatory act took place in the context of the complainant’s employment.
These claims may also be made against an association such as the FA, a service provider such as the club shop, or even against the person who made the discriminatory statements. Successful discrimination claims can result in unlimited claims for damages and potential personal injury claims, depending on the impact on the individual’s physical or mental health. However, given the relatively short playing careers of most footballers, it is possible that the stigma of making a claim and the challenge of continuing to play afterwards may deter most players from seeking protection from an employment tribunal.
Daniels’ enduring legacy
The true meaning of Daniels’ announcement will only be revealed in the years to come. However, the first signs are positive. Former footballers Rio Ferdinand, Gary Lineker and Jamie Carragher have joined Boris Johnson and Prince William in praising Daniels’ decision and courage to come out, and many other high-profile names have sent congratulations to Daniels every day since his announcement.
As the profiles of Daniels, Cavallo and hopefully many others rise and they continue to educate and raise awareness, this should result in players being judged solely on their footballing ability rather than their sexuality. Recently, Daniels’ Blackpool team-mate Marvin Ekpiteta apologized wholeheartedly for his historic homophobic tweets following Daniels’ announcement. This is a sign of progress, but it also shows the attitudes people like Daniels and Cavallo have had to overcome to be open about their sexuality.
When asked about possible abuse in the stands, Daniels explained: “Of course I am aware that there will be a reaction to this and that it will be homophobic at times, maybe in a stadium and on social media.
“It’s an easy thing for people to target. The way I see it, I’m playing soccer and they’re yelling at me, but they’re paying for me to play soccer and I live my life and make money from it. So scream what you want, it won’t make a difference
“I’m not going to stop people from saying things like that, I just have to learn not to let it affect me.”
While equality in football is still at stake with more lucky charms like Cavallo and now Daniels, hopefully it’s only a matter of time before these tips and victory for equality catches on.