The Importance of Employment Law in Esports Businesses

The esports industry has experienced significant growth, but with this expansion comes the need for businesses to prioritize their legal obligations as employers. Many esports organizations have evolved from small, informal projects, and as a result, may lack the corporate sophistication and understanding of employment law required to navigate the complexities of the industry. As an employment lawyer, it is clear that esports presents a unique case study, with issues such as remote working, personal branding, and online conduct requiring careful consideration. There are several key areas where employment law is particularly relevant to esports businesses, including the governance of relationships between companies and their workers, the protection of employees from harassment and discrimination, the management of personal branding and side-gigs, the employment of minors, and the provision of a safe working environment. In the UK, the legal status of a worker is not defined by their job title, but rather by the level of control the company has over their activities and the ability to send a substitute to perform their work. This can have significant implications for esports businesses, particularly in terms of employment rights such as holidays, sick pay, and working time regulations. The industry has also been plagued by issues of harassment and misconduct, with employers having a duty to protect their employees from such behavior and to provide a safe and respectful working environment. The rise of personal branding and side-gigs in esports has created new challenges for employers, who must balance the need to control their brand image with the desire to allow players to express themselves and build their own personal followings. The employment of minors in esports is also a complex issue, with strict rules and regulations governing the types of work that can be done by under-18s and the need for special licenses and safeguards. Ensuring a safe working environment is also crucial, with esports businesses needing to protect their employees from physical and mental health risks, including burnout and the pressure to use performance-enhancing substances. Finally, the transient nature of an esports career means that organizations have a responsibility to support their players in transitioning to new roles and careers, whether within the industry or outside of it. By prioritizing employment law and taking a proactive approach to these issues, esports businesses can help to create a more sustainable and supportive industry for all involved.