The Cricket Discipline Commission (CDC) has handed out a £100,000 fine to Essex County Cricket Club, following findings of “systematic” and “longstanding” racism between 2001 and 2010. 

Background

In November 2021, former players Jahid Ahmed, Maurice Chambers, and Zoheb Sharif brought forward racism allegations against the club.

The England and Wales Cricket Board (ECB) promptly launched an investigation, with Essex commissioning a separate independent review, conducted by Katharine Newton KC.

In her damning report, Newton noted that the use of racial slurs was “entirely normalised and tolerated behaviour” and “those at the receiving end of this treatment were too scared to speak up for fear of damaging their prospects of selection and progression”. She found that phrases such as “curry muncher” and “bomber” (after the 9/11 attacks) were commonly used in the locker room to describe players of South Asian heritage. 

The Cricket Regulator (CR) subsequently charged the club with the “systematic use of racist and/or discriminatory language and/or conduct” over nine years. 

On 10th June 2024, Essex formally admitted to this charge, in breach of ECB Directive 3.3 for "conduct, acts or omissions which may be prejudicial to the interests of cricket, or which may bring the game…into disrepute".

CDC Sanction

The CDC could not impose on-field sanctions against Essex, such as point deductions, because the panel’s authority to apply these is limited to offences that have occurred since 2020.

Instead, Essex, who has also been cautioned and reprimanded by the CR, was fined £100,000 (£50,000 of which is to be suspended for two years).

Delivering the sanction, the CDC panel commented that the "systemic use of racist and discriminatory language suggests a culture that was embedded across the club". It added: "No one at any level within the club sought to challenge or stop its use.”

However, in imposing the sanction, the panel did consider the following mitigating factors:

  • Essex’s early admission of guilt and its cooperation during the CR’s investigation; 
  • The club’s commissioning of the Newton investigation;
  • Internal disciplinary action taken by the club; 
  • Efforts taken by Essex to become more inclusive since November 2021; and
  • That the club suffered reputational harm and adverse financial consequences.

Essex has until October 2 to appeal.

Second club charged

This is not the first time that racism in cricket has been called out. 

In July 2023, the CDC sanctioned the Yorkshire County Cricket Club (YCCC) following allegations of racism involving ex-player Azeem Rafiq.  YCCC was fined £400,000, docked 48 points in the County Championship, and had an additional four points deducted in the T20 Blast. 

The CDC also previously sanctioned Essex in May 2022 regarding a single incident of racist and/or discriminatory language by their former Chair. 

Lessons for sports organisations

Essex’s recent punishment offers several lessons to sports organisations.  These include:

  1. Zero tolerance for racism: From football to cricket, recent reports underline that racism and racial inequalities remain prevalent within sports. However, sports organisations and bodies are coming under increasing pressure to up their efforts to tackle racism and discrimination. This latest fine reinforces the principle that racism is unacceptable in any form and highlights the need for sports organisations to enforce strict anti-racism policies. 
  2. Accountability and responsibility: This case underlines that clubs must acknowledge their failures and take positive action to improve equity, diversity, and inclusion within their organisation. Having effective mechanisms in place for raising such concerns and an impactful response strategy is also crucial to resolve any issues quickly and fairly.  Whilst the focus for many organisations at the moment is implementing the new duty to prevent sexual harassment, this case is a reminder that failing to prevent  unlawful harassment of any kind is likely to have serious consequences. 
  3. Proactive cultural change: Essex’s sanction underscores the importance of preventative measures, such as educating players and staff and promoting respectful conduct both on and off the field. Sports organisations should prioritise building awareness around equity, diversity, and inclusion, and embedding respect for such values into their culture. The most obvious and effective place to start is by rolling out training to managers and leadership figures so that they can role model appropriate behaviours and set a better cultural tone.
  4. Reputation management: Fines and other disciplinary actions highlight the financial and reputational risks associated with a failure to tackle racism. Organisations risk losing sponsorships, fan support, and brand identity whilst also bringing the wider sports community into disrepute. 

If you would like to discuss how to investigate an instance of racism, discrimination, harassment, or a wider cultural problem, or to develop a programme to minimise the risk within your organisation, please get in touch with your usual Lewis Silkin contact to discuss how we can help or a member of our Investigations team.